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(영문) 대전지방법원 2014.01.08 2013노2306
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. In light of all the circumstances, including the fact that the defendant is against whom the summary of the grounds for appeal (e.g., imprisonment and imprisonment with labor for a period of one year and six months), the punishment sentenced by the court below is too unreasonable.

2. The crime of this case is deemed to have been under the influence of alcohol 0.220% by the Defendant, while under the influence of alcohol 0.220%, that it is necessary to strictly prohibit the Defendant from driving C cco-sports cargo vehicles to maintain road traffic order and ensure traffic safety. In light of the Defendant’s blood alcohol concentration at the time of this case and the Defendant’s reporting by others, it is highly likely that the Defendant might be subject to criticism. The Defendant has already been punished four times of imprisonment, one time of suspended sentence, one time of fine, and seven times of total punishment for the violation of the Road Traffic Act only after 200, and further, considering that the Defendant was sentenced to 8 months of imprisonment on July 22, 201 for a violation of the Road Traffic Act (driving) and the execution of the punishment on February 12, 2012, and that it is necessary to repeatedly prevent the Defendant from committing the crime of this case without deliberation.

However, in full view of all the circumstances that are shown in the record, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is too unreasonable, and therefore, the Defendant’s above assertion is justified.

3. In conclusion, the judgment of the court below is based on Article 364(6) of the Criminal Procedure Act, since the defendant's appeal is justified.

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