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(영문) 대전지방법원 2015.09.10 2015노1277
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) of the lower court against the Defendant is deemed to be too uneased and unreasonable.

2. The fact that the defendant had already been punished several times for the same crime, and that the defendant committed the crime of this case during the suspension of execution due to the violation of the Road Traffic Act (unlicensed Driving) is disadvantageous to the defendant. However, in full view of the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case 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 circumstance before and after the crime, etc., 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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