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(영문) 춘천지방법원 2018.06.01 2018노95

도로교통법위반(음주측정거부)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. The judgment was rendered on May 31, 201, 200, 207, 2011, and 2015, and each of the fines was imposed on each of the crimes of violating the Traffic Act of the roads on July 11, 2012. In particular, on May 23, 2016, the Defendant was sentenced to a fine on each of the crimes of violating the Traffic Act of the roads (non-licenseless driving) and there are many records of violating the traffic order-related Acts and subordinate statutes, such as being sentenced to a fine on each of the crimes of violating the Traffic Act of the roads. In particular, on each of the crimes of violating the Traffic Act of the roads on May 23, 2016, the Defendant was sentenced to a suspended sentence of two years on each of the crimes of the instant case and was sentenced to a suspended sentence of two years on each of the following occasions: (a) on each of the above crimes of violating the Road Traffic Act; and (b) on each of the above crimes of failing to obtain a license on each of the automobiles.

However, in light of the following: (a) the Defendant’s withdrawal of his argument, such as mental and physical weakness, and the recognition of his criminal act, the distance of driving without a license is relatively long; (b) traffic accidents, etc.; and (c) the Defendant’s age, family relation, sexual conduct, environment, motive and circumstance of the crime; and (d) the various sentencing conditions shown in the instant records and pleadings, such as the circumstances after the crime, are considered, the sentence imposed by the lower court is somewhat unreasonable.

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.

[Judgment] Summary of facts constituting an offense and evidence.]