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(영문) 서울동부지방법원 2013.04.05 2013노130
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be eight months by imprisonment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. In light of the circumstances that are favorable to the Defendant, such as the following: (a) the Defendant was sentenced to a suspended sentence of imprisonment three times due to drinking without a license, driving without a license during the grace period; (b) the Defendant committed the instant drinking or driving without a license; and (c) the Defendant committed an accident of shocking other vehicles parked by driving in the blood alcohol concentration near the volume of death; (b) the Defendant was a driving of a short section for moving the parking lot; and (c) the Defendant was a driving of a short section for moving the parking lot; and (d) the Defendant was aware that he was planning for alcohol addiction treatment after returning to society; and (d) the Defendant was not required to repeat the instant crime; and (e) the motive and background leading up to the instant crime; (e) the circumstances leading to the instant crime; (e) the Defendant’s age, character, environment, occupation, occupation, and family relationship; and (e) the sentence imposed by the lower court is somewhat unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered extenuating circumstances favorable to the defendant committed in the above);

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