(영문) 수원지방법원 2015.05.20 2014노6609 | 리걸엔진

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(영문) 수원지방법원 2015.05.20 2014노6609

도로교통법위반(음주운전)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 10 million) is too unreasonable.

2. The crime of this case is judged in light of all the circumstances, including the defendant's age, character, environment, family relationship, motive, means and consequence of the crime, etc., which are under the influence of 0.070% of 0.0% of 0.070% of 0.0% of 0.0% of 0.07, and the quality of the crime is not good in light of the background, method and contents of the crime. However, the defendant's blood alcohol concentration at the time of the crime is relatively high, and there is no history of having been punished by imprisonment or suspension of execution, and there is no history of having been punished by imprisonment or imprisonment with prison labor, and there is no history of having been no history of having been punished by the crime of violation of the Road Traffic Act after December 208.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is based on its conclusion, and the following judgment is rendered.

Criminal facts

The summary of the facts and evidence of the defendant's criminal facts and the summary of the evidence are as follows: "A summary order of one million won or more as a fine for a violation of the Road Traffic Act from the site of Sejong District Court on December 3, 1996 to the site of Sejong District Court on June 26, 2002", and "a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving)" and "a summary order of 700,000 won or more as a fine for a violation of the Road Traffic Act (Free Driver)" stated in the 6 and 7th sentence in the 2 to 4th sentence of the judgment of the court below. The "the same crime" stated in the 4th sentence is the same as the corresponding part of the judgment of the court below except for the case of a violation of the Road Traffic Act (Driving without a license).

참조조문

-도로교통법

-형사소송법 제364조 제6항

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