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(영문) 청주지방법원 2019.06.13 2019노426

도로교통법위반(음주운전)등

Text

The judgment of the court below, including the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

(b).

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Considering the fact that the defendant repeatedly commits each of the instant crimes within a short period, and has a record of criminal punishment of fines several times due to the same fraud as this case, strict punishment corresponding to the defendant's liability is necessary for the defendant.

However, there is no criminal history that the defendant has been subject to the above fines exceeding the above fines, and the defendant committed the crimes in all of the crimes in this case and reflects the defendant's mistake in depth, the stolen twitter car has been returned to the victim, and the victims have not been punished against the defendant by agreement with most victims through the court below and the court below, and the defendant's family members want to take advantage of other factors revealed in the proceedings of the arguments in this case, such as the defendant's occupation, character, character and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is too heavy.

3. The Defendant agreed with the lower court on the part of the compensation order in the lower court’s ex officio judgment.

Therefore, it is not reasonable to issue an order for compensation because the application for compensation by the applicant for compensation is not clear.

Therefore, since the application for compensation by the applicant for compensation should be dismissed, the part of the order for compensation among the judgment of the court below can no longer be maintained.

4. Accordingly, the defendant's appeal is reasonable, and the compensation order part among the judgment below is subject to the above ex officio reversal, and the judgment of the court below, including the compensation order part, is reversed pursuant to Article 364 (2) and (6) of the Criminal Procedure Act, and it is again decided as follows.