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(영문) 창원지방법원 2017.07.13 2017노1090
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. There are circumstances unfavorable to the Defendant, such as the fact that the Defendant had been punished three times due to drinking (three times a set of punishment), but was driving while drinking, and the Defendant’s blood concentration level at the time was high 0.10%.

However, the court below's decision is too unfair considering the following circumstances: (a) the defendant has recognized the crime; (b) the defendant has no criminal record more than a suspended sentence; (c) the defendant has disposed of the vehicle driven by the defendant; (d) the defendant has supported his wife and her child; (c) the defendant has been suffering from dementia; (d) the defendant's punishment becomes final and conclusive and conclusive and the defendant has been detained with excessive difficulty; (e) the defendant has been detained for less than 2 months; (e) the defendant's family, person, and workplace union fee seems to be against the defendant's first instance judgment; (e) the defendant's family, person, and workplace union fee wanting to have the defendant's wife; and (e) giving more opportunities once and the last order to provide community service and compliance driving instruction than the defendant's sentence is considered an effective measure that can achieve both the defendant's home maintenance and prevention of recidivism; and (e) the defendant's age, environment, sex, circumstances of the crime, and circumstances before and after the crime.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

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