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(영문) 전주지방법원 2016.04.22 2015노1808

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. The judgment driving is not only a crime that may cause serious danger to the life and property of others, but also a crime that may cause serious harm to the life and property of others. Considering the fact that the Defendant’s blood concentration level was considerably high by 0.127% at the time of the instant crime, the Defendant should be punished strictly.

However, in full view of the following: (a) the Defendant recognized the instant crime and reflects the mistake in depth; (b) there is no record of criminal punishment for the same kind of crime before; (c) there is urology due to urology, etc.; and (d) there appears to be no economic situation as a beneficiary of the Basic Living Security Act; and (b) other factors of sentencing as shown in the records and arguments, such as the background of the instant crime; (c) the Defendant’s age; and (d) the Defendant’s sexual behavior; and (c) the Defendant’

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;