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(영문) 대전지방법원 2015.01.14 2014노3165
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. We examine the judgment. Each of the crimes of this case is deemed to be disadvantageous to each of the crimes of this case during the period of suspension of execution, which was sentenced to two years after suspension of execution on July 4, 2014, for the following reasons: (a) the defendant driving a vehicle beyond the central line under the influence of alcohol and the victim E and police officers intending to control drinking; (b) the victim E and the victim H of police officers intending to do so by publicly insulting the victims; (c) the quality of such crime is not good; (d) the driving of drinking is highly likely to cause harm to the life and body of others; and (e) the blood alcohol concentration of the defendant at the time is 0.255%; and (e) the defendant committed a crime similar to the crime of this case, which was committed by the public support of the Daejeon District Court of Daejeon on July 4, 2014, and was sentenced to two years after the judgment became final and conclusive on July 12, 2014.

The defendant led to the confession of each of the crimes of this case and reflects his mistake, among the victims of insult, it seems that the above victim did not want the punishment against the defendant by agreement with the victim E in the course of the crime of insult, and that the defendant's wife appears to have been an opportunity to close and see the strictness of punishment through confinement for about three months, and that the defendant's wife is currently being hospitalized due to alcohol addiction, the defendant's wife is under treatment without good economic circumstances, and the defendant's wife wants his wife against the defendant, and the defendant is living in good faith without re-offending, and if the sentence of this case is finalized, the previous suspended sentence becomes effective, and other favorable circumstances, such as the circumstance and motive leading up to the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, and other circumstances.

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