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(영문) 광주지방법원 2018.04.25 2018노313
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 9,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the defendant committed the instant crime again during the period of probation even though he/she had a previous conviction in the same kind, strict punishment against the defendant is necessary.

However, in consideration of the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex, motive and consequence of the crime, the defendant's above assertion by the defendant is too unreasonable, since it is recognized that the punishment of the court below is too unreasonable, since the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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