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(영문) 광주지방법원 2014.02.14 2013노2785
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (three months of imprisonment) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. On November 1, 2012, the Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Manpoon in Gwangju District Court on November 1, 2012, and was engaged in a multi-time driving while being sentenced to a two-year suspended sentence for 8 months, etc. during the grace period; the blood alcohol concentration level measured at the time of the instant case reaches 0.09%; and such drinking driving and non-licensed driving are highly likely to cause traffic accidents. In light of the fact that the Defendant actually committed a dangerous danger by causing a traffic accident that meets the structure on the road at the

However, the defendant has been under detention for not less than two months in this case, and most of the sentence imposed by the court below was served again, and the defendant would not repeat again, and the defendant has to support the defendant since he did not leave only one year after marriage. It seems to be somewhat excessive to allow the defendant to implement an additional term of punishment by invalidation of the preceding suspended sentence. The defendant does not have any other criminal records except for the above suspended sentence and the crime of violation of the Punishment of Violences, etc. Act (joint injury) in 201 as a result of the crime of violation of the Act on the Punishment of Violences, etc. before and after the previous suspended sentence, and the defendant has no other criminal records except for the punishment of KRW 1,00,000,000 due to the defendant's age, character and environment, the motive and background of the crime of this case, the means and consequence of the crime of this case, and the circumstances after the crime, etc., the court below's allegation that the defendant's punishment is unreasonable is justified.

3. In conclusion, the defendant's appeal is reasonable, and therefore, it is in accordance with Article 364 (6) of the Criminal Procedure Act.

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