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(영문) 대전지방법원 2013.11.21 2013노1507
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unfair because the punishment of eight months of imprisonment, two years of probation, and forty hours of probation imposed by the court below is too uneased.

2. In light of the following: (a) the Defendant committed each of the instant crimes even though he had been punished several times before and after the judgment; (b) the Defendant committed each of the instant crimes, such as without a license driving, etc., on two occasions; (c) although it is recognized that the Defendant was aware that he had committed the instant crimes, etc., he/she was aware that he/she had committed the instant crimes, etc., such as without a license driving, etc., and that he/she would not be able to commit again, and that he/she sold the relevant vehicle; (d) the driving distance is not long; and (e) there is no physical damage caused by the instant crime; and (e) other factors of sentencing prescribed in Article 51 of the Criminal Act, such as Defendant’s age, character and behavior, environment, motive

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

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