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(영문) 대전지방법원 2016.01.14 2014노2770
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible.

2. The judgment of the court below is based on the following facts: although the defendant had been sentenced several times to a fine under the Road Traffic Act due to the case of drinking and driving without a license using a passenger car which was not mandatory insurance, the defendant again committed the crime of this case; however, the defendant is disadvantageous to the defendant; however, the defendant is not required to repeat the crime of this case, such as the confession of the crime of this case and the scrapping of the above vehicle by himself; the defendant did not have any criminal history exceeding the fine; and the defendant did not have any criminal history; and the defendant's age, sex, environment, motive, means, and consequence of the crime of this case by taking into account various sentencing factors stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means, and consequence, it is deemed that the sentence of the court below against the defendant

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

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