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(영문) 청주지방법원 2019.07.25 2019노827
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months and the fine of three hundred thousand won) is too unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

2. In that the Defendant, who had been sentenced to criminal punishment several times due to a crime of violation of the Road Traffic Act due to a knife, drinking or unlicensed driving on June 29, 2017, was sentenced to imprisonment for 8 months and 2 years of suspension of execution on June 29, 2017, and committed each of the crimes of this case without being aware of it during the suspension of execution, as well as committed each of the crimes of this case, while being prosecuted as a crime of violation of the Road Traffic Act (driving without a license) and pending trial, repeated the same crime of this case, such as committing the crime of violation of the Road Traffic Act (driving without a license) while the trial is pending, the nature of the crime and the crime of the crime of this case are not light

However, taking into account the following factors: (a) the Defendant committed each of the crimes in this case; (b) the Defendant’s perception of committing each of the crimes in this case; (c) the Defendant’s life alone appears to go against the licenseless driving of this case for the purpose of delivery; (d) there are some circumstances to take into account the background of the crime; and (c) the Defendant’s female and his female desire to take the Defendant’s wife against the Defendant; and (d) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age and character, family relationship, family relationship, living environment, motive and consequence of the crime; and (e) the circumstances after the crime, etc., the punishment imposed by the lower

It is recognized that it is unfair rather than that.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(A) Although an appeal by a prosecutor is well-grounded, the appeal by a prosecutor shall not be dismissed as long as the judgment of the court below is accepted by the defendant and reversed).

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