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(영문) 대전지방법원 2014.11.27 2014노1951
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended sentence, and forty hours of alcohol therapy) declared by the court below is too unfasible and unfair.

2. At the time of the instant case, it is recognized that the Defendant’s blood alcohol content is higher than 0.199% at the time of the instant case; that the Defendant was aware of the fact that he had been punished twice due to drunk driving without being aware of the fact in the instant crime; however, the Defendant made a confession and reflect that the Defendant would not drive alcohol again while working in the workplace in good faith; that the Defendant appears to have been living in the workplace in good faith; and that the Defendant’s age, character and behavior, environment, motive, means, and consequence of the commission of the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means, and consequence, the circumstances before and after the commission of the crime, and thus, the prosecutor’s assertion of

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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