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(영문) 대전지방법원 2013.12.05 2013노1732
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment of eight months of imprisonment, two years of suspended execution, probation, and 40 hours of order to attend a law-abiding lecture, which is too uneasible and unfair.

2. In full view of the following factors: (a) the lower court’s sentence is deemed appropriate; (b) the Defendant could have been punished for the same kind of crime; (c) the above punishment power has both been punished by a fine; (d) the personal and physical damage has not occurred in the instant case; and (e) the Defendant has to reflect and not repeat the crime; and (d) the Defendant’s age, character and conduct, environment, means and consequence of the crime; and (e) the various sentencing conditions of Article 51 of the Criminal Act as stated in the records of the instant case, such as the Defendant’s age, character and conduct, means and consequence of the crime; and (e) the prosecutor’

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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