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(영문) 대전지방법원 2014.10.08 2014노1480
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, three years of suspended sentence, 200 hours of community service order and 40 hours of law-abiding driving lecture) of the court below against the defendant is too uneasible and unfair.

2. Determination as follows: (a) inasmuch as the act of driving a drinking without a license is highly likely to cause harm to the life and body of others as well as himself/herself, the nature of the crime is not weak; (b) the Defendant’s failure to comply with the drinking measurement without any justifiable reason; (c) the Defendant has four criminal records of criminal punishment for the same crime; and (d) on January 10, 2013, the Daejeon District Court rendered a suspended sentence of one year for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court, which was sentenced to one year of a suspended sentence of six months; and (d) the Defendant committed each of the instant crimes during the suspended sentence.

However, considering the favorable circumstances such as the Defendant’s confession of each of the crimes in this case and reflects his mistake, the Defendant scrapped his vehicle after the instant case, the Defendant scrapped his vehicle, and did not repeat again, the Defendant’s growth in an unstable environment, the Defendant’s living alone, and the economic circumstances are not good, and the lower court appears to have determined a sentence in consideration of the aforementioned unfavorable circumstances, as well as the circumstances leading up to the instant crime and motive, the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, family relationship, occupation, and occupation, etc., and other circumstances that form the conditions for sentencing as shown in the record and pleading, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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