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(영문) 수원지방법원 2016.08.26 2016노3860
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant had been sentenced to a fine and a suspended sentence on several occasions even before driving under drinking, and that the alcohol level of the Defendant’s blood alcohol level at the time of driving of the instant case is 0.101% and difficult to be deemed to be a low-level figure, the Defendant should be punished strictly. However, on the other hand, the Defendant’s confession to commit the instant crime and living under detention for about three months, and is in profoundly against his mistake while living under detention, and the Defendant’s disposal of the vehicle owned by the Defendant, etc. does not repeat again, and the Defendant’s personal figures want to take advantage of the following factors: the Defendant’s age, sex behavior, intelligence and environment; the motive, motive, means, method, and consequence of the instant crime; the Defendant’s punishment imposed by the lower court is somewhat unreasonable; and the Defendant and the Defendant’s defense counsel’s aforementioned wrongful sentencing are reasonable.

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 with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

The summary of the evidence and the facts charged by the defendant recognized by this court is as follows: "1. Part of the defendant's court statement" in the summary of the evidence in the judgment below to "1. The defendant's court statement" was changed to "1. The defendant's court statement", and all of the judgment below's corresponding columns are the same as the corresponding columns of the judgment below. Thus, they are cited in accordance with

Application of Statutes

1. Article 148-2 (2) 2 of the Road Traffic Act concerning the crime and Article 148-2 of the same Act concerning the selective punishment;

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