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(영문) 대전지방법원 2015.02.11 2014노2146

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal (e.g., imprisonment for four months, suspended sentence one year, community service 80 hours, and 40 hours during the compliance driving course) that the court below sentenced is too unreasonable.

Judgment

The crime of this case is that the defendant drives a motor vehicle while under the influence of 0.087%, and the drunk driving is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act has strengthened criminal punishment by raising the statutory punishment for such crime, and there is a need to impose an appropriate punishment corresponding to the criminal liability of the defendant, and the defendant repeats a crime even though he/she was previous.

However, the court below's decision is unfair in light of the following circumstances: (a) the defendant reflects his mistake; (b) the defendant, as the director of the registration office and the secretary general of G incorporated association, appears to have been dismissed from office when he is sentenced to a suspended sentence under the instant case; (c) the defendant sells his own vehicle and again does not repeat again; (d) the defendant has been sentenced to a four-time same kind of fine; (c) although the defendant was punished on May 12, 201, all of the previous departments except the previous departments punished on or before 2004; (d) the blood alcohol concentration of the defendant did not reach the degree of revocation of the license; (d) the defendant did not repeat again more than one time by a fine; and (e) there is a need for the defendant to have an opportunity to live as a healthy member of society; and (e) the defendant's age, character, environment, motive and circumstances leading to the instant crime; and (e) the court below's sentencing conditions before and after the instant crime were too unfair.

In conclusion, the defendant's appeal is reasonable, so Article 364 of the Criminal Procedure Act is reasonable.