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(영문) 청주지방법원 2016.05.12 2016노231
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 decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant was sentenced to a fine of KRW 700,000 due to a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act on February 14, 2001, a fine of KRW 5 million due to a violation of the Road Traffic Act (driving without a license) on May 8, 2001, a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving without a license) on December 11, 2001, a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving without a license) on December 14, 201, a fine of KRW 3 million due to a violation of the Road Traffic Act (driving without a license on June 14, 201), and a violation of the Road Traffic Act (driving without a license on March 24, 2015).

Nevertheless, the Defendant, from October 2015 to December 2, 2015, driven drinking three times in a short term, and escaped after an accident.

The Defendant damaged the repair cost of the victim vehicle to the extent of KRW 11,480,370.

Circumstances favorable to the defendant shall be as follows:

The defendant paid 4 million won to the victim and agreed in the trial.

Defendant's vehicles are covered by comprehensive automobile insurance.

The Defendant entrusted the disposal of the vehicle.

The family members and church members of the defendant want to be the wife of the defendant.

The alcohol level of the defendant's blood alcohol level is 0.080% at the time of driving on October 31, 2015 and 0.091% at the time of driving on December 9, 2015.

In addition, in full view of the defendant's age, sex, motive and background of the crime, means and consequence, circumstances after the crime, and the records of the crime, the sentence of imprisonment with prison labor is inevitable, but the sentence of the court below is too unreasonable.

Defendant’s assertion is with merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Judgment of the court below】

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