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(영문) 대전지방법원 2014.10.16 2014노1294
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 120 hours of community service, 40 hours of law-abiding driving course) that the court below made is too unhued and unreasonable.

2. The judgment of the court below committed the crime of this case in spite of the fact that the defendant had been punished three times due to drunk driving, and that the blood alcohol concentration at the time of the driving of this case is higher than 0.166%, although it is recognized that the defendant's mistake is recognized and reflects it, the defendant does not suffer damage such as traffic accident, etc. due to the driving of this case, and the defendant again does not drive under the influence of alcohol, and the defendant does not drive under the influence of alcohol again, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, motive, means and consequence of the crime, the circumstance before and after the crime, etc., it is difficult for the court below to deem

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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