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(영문) 의정부지방법원 2017.01.26 2016노2804

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 sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. During the suspension of the execution of imprisonment with prison labor for the same crime, the Defendant was driven under the influence of alcohol with the degree of 0.128% of alcohol during the blood without a license.

The defendant has repeatedly committed drinking and non-licenseing driving within the short term, and the defendant is sentenced to imprisonment with prison labor in consideration of the nature of the crime and the preventive purpose of the punishment against the defendant.

However, the defendant has undergone multiple operations, such as dysium climatics, and currently suffers from styphomatic diseases in the scarbinary of the scarbin, and where he continues aquatic life due to relatively significant symptoms, he/she is likely to lose his/her ability to live permanently or her health is very worse.

As the defendant wanted to maintain the ability of provisional service through proper treatment, from the point of view of the state's duty to protect maternity, it is not possible to see such a simple wind, which is equivalent to the value of the establishment of legal order and the preventive purpose of punishment.

It is hard to say that the defendant will not repeat the crime, and that the husband of the defendant will protect and guide the defendant.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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

【Grounds for the new judgment】 Criminal facts and evidence