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(영문) 전주지방법원 2020.11.26 2020노1079

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, and 40 hours of an order to attend a law-abiding lecture) of the lower court is deemed to be too uneasible and unfair;

2. The judgment of the court below is a very dangerous crime that may cause unexpected behaviors to the life and family of others as well as the possibility of traffic accident. It is necessary to strictly punish the defendant. The defendant, while driving a motor vehicle under the influence of drinking at around 06:50, while driving a motor vehicle at the speed of Domin-gu D Sk-distance Intersection, the driver was standing the motor vehicle while driving the motor vehicle at the speed of the front city at around 06:50, and there was a possibility of leading to traffic accident in light of the criminal time and place of the crime in this case without any third party's report. The blood alcohol concentration of the defendant at the time of the crime in this case was considerably high at 0.145%, and on June 15, 2012, the defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Jeonju District Court on September 23, 2014, and each of the charges was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act.

However, in full view of the fact that the defendant repents his criminal act and reflects his criminal act, the distance of the defendant's operation of a motor vehicle is about 80 meters only, the above two fines are excluded, the defendant has no record of criminal punishment, and the defendant's age, character, conduct, environment and other sentencing conditions, the sentence of the court below is too uneasible and unreasonable.

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.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “the provisions of law on criminal facts 1.” in the second sentence of the judgment of the court below shall be read as “the pertinent provision of law and the choice of punishment for criminal facts 1.” and “Articles 148-2(1) and 44(1) of the Road Traffic Act”.