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(영문) 대전지방법원 2014.11.20 2014노2655

도로교통법위반(음주운전)

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 imposed by the court below (six months of imprisonment) shall be excessively unreasonable.

2. In full view of the circumstances that the defendant had previously been under the same suspended sentence and criminal records of fine, the defendant's confession and reflects all of the crimes of this case, the driving distance at the time of this case does not reach 50 meters, and the defendant seems to have been given an opportunity to reflect by being living more than half of the two months, and the defendant is class 5 of the hearing disability, and the defendant has retired from his workplace due to this case, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, motive, means, and consequence, the defendant's age, character, environment, motive, means and consequence of the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, the punishment imposed by

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;