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(영문) 인천지방법원 2018.06.20 2018노1369
도로교통법위반(음주운전)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The lower court, among the facts charged in the instant case, dismissed the public prosecution as to the violation of the Road Traffic Act by November 12, 2017, and the violation of the Road Traffic Act by the victim C and the Victim C, the Victim C and the Victim C, and the Road Traffic Act by the Defendant on January 22, 2018, and convicted the remainder of the facts charged. As to the foregoing judgment, only the Defendant appealed on the guilty portion, the part dismissing the public prosecution in the lower judgment becomes final and conclusive separately from the limit of the appeal period, and the scope of the judgment in this case is limited to the remainder other than the dismissed part among the lower judgment.

2. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

3. In light of various sentencing conditions indicated in the records and arguments, such as the following: (a) the fact that the Defendant has driven alcohol four times during the short term is disadvantageous to the Defendant; (b) the Defendant did not have any criminal record exceeding the fine; and (c) the Defendant deposited the amount corresponding to the repair cost for the victims since the trial was in the first instance; and (d) the Defendant appeared to reflect upon the recognition of all the instant crimes; (b) the lower court’s sentence is somewhat unreasonable.

4. 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 with merit, and it is again decided as follows after pleading.

[Judgment in its entirety] The summary of facts constituting an offense and evidence admitted by this court is identical to each corresponding column of the judgment of the court below, except that the part of "2,770,000 won for the repair of the above SM5 passenger car, 1,200,000 won for the above EF M5 passenger car repair, and 319,066 won for the above EF rocketing passenger car repair," which is "319,066 won for the above EF rocketing passenger car repair," which is "319,06 won" as stated in the above EF rocketing and the summary of the evidence. Thus, it is without merit in accordance with Article 369 of the Criminal Procedure Act.

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