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(영문) 전주지방법원 2014.05.02 2014노285
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to require strict punishment in light of the fact that the defendant has been punished twice or more due to drinking driving, driving a motor vehicle without a driver's license, and driving a motor vehicle at least three times without a driver's license, in light of the purpose of the Road Traffic Act, which is punished by raising the statutory punishment, and the quality of the crime of this case is not easy, despite the fact that the defendant had a record of punishment several times due to drinking driving or driving without a driver's license, and that the defendant is still under a bad condition after the crime is committed, such as the defendant's escape during the judgment of the court below, and the defendant is absent, etc., but the crime of this case is led to the confession of the crime of this case and the defendant seems to have an opportunity to reflect his sex through detention for about two months, and the defendant's blood alcohol concentration is very high to 0.86% due to driving without a driver's license. In light of the fact that the defendant's distance from driving a motor vehicle due to drinking or without a driver's license, the defendant's age of this case and his counsel's grounds.

3. In conclusion, the judgment 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 following judgment is rendered again after pleading.

Criminal facts

Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as follows: "1."

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