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(영문) 전주지방법원 2014.09.26 2014노880

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to require a strict punishment in light of the fact that the defendant had been punished twice or more due to drinking alcohol without a driver's license, driving a vehicle without a driver's license, resulting in a traffic accident, resulting in injury to the victim. When driving a vehicle three times or more, in light of the purpose of the Road Traffic Act which is punishing the statutory punishment by raising the statutory punishment of the crime. The defendant re-driving a vehicle even though he had the record of punishment including suspended sentence of imprisonment due to drinking driving, and the defendant's blood alcohol concentration is considerably high to 0.176%, and the defendant's blood alcohol concentration is considerably high to 0.176%. However, the defendant's confession of the crime of this case and appears to have an opportunity to reflect on his life through two months of detention, and the degree of injury to the victim is not severe, and the defendant's age and condition of the defendant's vehicle is somewhat high to request the defendant to drive a vehicle to his children by agreement with the victim, and the defendant's circumstances and circumstances that the defendant's vehicle's age and status are not unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

b) the summary of the evidence and evidence.