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(영문) 수원지방법원 2019.09.06 2019노3567
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. In full view of the following facts: (a) the Defendant led the Defendant to commit the instant crime in the trial; (b) led the Defendant to reflect the Defendant’s mistake through confinement life for more than two months; (c) there was no record of punishment exceeding a fine; and (d) the Defendant’s age, family relationship, health status, criminal records, etc. and the grounds for sentencing indicated in the instant argument and the record, the sentence imposed by the lower

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Discied reasoning of the judgment below] The abstract of facts constituting an offense and evidence recognized by the court below is the same as the statement of the judgment below that the court below stated the "written statement of the defendant" as the "written statement of the defendant at the court below". Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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