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(영문) 의정부지방법원 2019.10.25 2019노2139

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the imprisonment of eight months) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. We also examine the argument of unfair sentencing by the Defendant and the prosecutor.

The Defendant driven a car under the influence of 0.143% alcohol concentration in blood, and was asked by the victim to move a car at the passage section of the apartment parking lot, and was under the demand of the victim to move a car at the face of the victim himself. Since then, the Defendant damaged the patrolr's first hand over during the drinking control process.

In addition, even though the defendant had been punished several times for violent crimes, including drinking and unlicensed driving, the defendant committed each of the crimes in this case.

However, the court below's punishment is somewhat unreasonable, considering all of the sentencing factors in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, economic situation, circumstance after the crime, etc., and the circumstance after the crime, etc., when the defendant led to the judgment of the court of first instance, that the victim does not want the punishment against the defendant by agreement with the victim of the crime of injury, that the defendant wants the defendant's wife against the defendant.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(An appeal by a prosecutor shall be dismissed as it is without merit, but as long as the appeal by the defendant is accepted and judged again, it shall not be indicated separately in the text of the decision).