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(영문) 대전지방법원 2021.01.28 2019노2479
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (a prison term of 2 years of suspended sentence in October, and community service order of 80 hours) is deemed unreasonable.

2. The judgment is that the defendant recognizes all his mistake and is in depth against his depth.

However, it is necessary to strictly punish driving of drinking in a very high risk of infringing on the life and body of others as well as himself/herself.

In the instant case, the Defendant, without a driver’s license, caused a traffic accident that causes the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the blood without a driver’s license, and the risk inherent in the driving without a driver’s license was realized (the Defendant was under the influence of alcohol to the extent that the accident of the vehicle at the time was not properly recognized). Although the Defendant had already been punished three times or more due to driving without a driver’s license (one time of suspension of the execution of imprisonment and two times of fines), the Defendant committed the crime of drinking without a driver’s license again, and the distance is reasonable, and there is no part to be considered in the circumstances.

In addition, the defendant has never acquired a driver's license at the beginning, and in 2012, the defendant continued to repeat a driver's license without any awareness of any crime without making efforts to acquire a driver's license even after he was punished for the first without a driver's license.

Accordingly, there is a fixed time for the defendant to open.

It is difficult to see the risk of recidivism, and it is judged that the risk of recidivism is very high.

Considering such unfavorable circumstances and the fact that the defendant had already been placed under the suspension of the execution of imprisonment with prison labor even though he/she was unable to commit a crime of drinking or non-licensed driving, there is a need to strictly punish the defendant with severe punishment.

The decision is judged.

In addition, in full view of the motive and background of the instant crime, method, circumstances before and after the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is the sentence.

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