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(영문) 부산지방법원 2014.07.11 2014노1301

도로교통법위반(음주운전)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for four months of imprisonment imposed by the defendant.

2. The judgment is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory penalty for the crime. Each of the crimes of this case is recognized as driving a vehicle under the influence of alcohol 0.095% without a driver's license, and it does not seem that there is an urgent or inevitable circumstance for the defendant to drive a vehicle under the influence of alcohol or the risk of drinking without a driver's license. At the time, there is a history of criminal punishment for driving under the influence of alcohol or without a driver's license, and each of the crimes of this case is committed during the period of suspension of execution of the same kind of crime.

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses; (b) appears to have been detained for more than three months; (c) the Defendant appears to have been prone to marriage between her parents; and (d) the parent’s health appears to be not good; and (c) the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant offense; and (d) the circumstances before and after the instant offense, etc., the lower court’s punishment is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts constituting an offense and the evidence acknowledged by the court are as follows. The Busan District Court rendered on May 18, 2012, between "the defendant" and " June 25, 2013" of the facts constituting an offense of the lower judgment.