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(영문) 수원지방법원 2017.02.10 2016노7643
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.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment of the court below committed the crime of drinking and unlicensed driving repeatedly during the period of suspension of the execution, even though the defendant had been sentenced to a fine twice due to the crime of drinking and unlicensed driving, and it is not only the crime after the defendant was sentenced to a fine for the crime of non-licensed driving during the period of suspension of the execution, but also the crime after the defendant was sentenced to a fine once due to the crime of non-licensed driving during the period of suspension of the execution of the execution of the sentence. Even though the court below was in progress due to the crime of drinking and non-licensed driving, even though it was difficult for the defendant to drive normally while driving under the influence of drinking and non-licensed driving, it is inevitable to punish the victims with severe punishment corresponding to the quality of the crime of the defendant.

However, in full view of various circumstances, including the Defendant’s age, sex, intelligence and environment, motive, background, means, method and consequence of the crime, criminal record, etc., the sentence imposed by the lower court is somewhat unreasonable and unfair, in light of the following: (a) the Defendant led to the confession of all of the crimes of this case and reflects the mistake; (b) there was no history of having been sentenced prior to the instant punishment; (c) the victim’s injury to the Defendant’s vehicle was relatively insignificant; and (d) the Defendant was subscribed to a comprehensive motor vehicle insurance policy; and (c) the damage recovery would have not been caused by the Defendant’s vehicle; and (d) the written agreement was submitted under the agreement with G when the victim was in the first instance; and (e) other circumstances constituting the condition for sentencing

Therefore, the defendant and his defense counsel's above argument of sentencing is justified, and the prosecutor's above argument of sentencing is without merit.

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 reasonable.

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