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(영문) 창원지방법원 2013.08.29 2013노1066
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is considered that the defendant driving a motor vehicle under the influence of alcohol 0.112% again while driving the motor vehicle under the influence of alcohol 0.12% even though he had already been under the influence of alcohol twice or more, and the defendant's wife F, the defendant's wife who was the defendant's wife, and G, who was the defendant's son, suffered from the injury requiring two weeks of treatment, respectively, and the case is not less than that of this case. The defendant has several penalties (two times of suspended sentence of imprisonment, three times of fines) for the same and similar crimes, such as the violation of the Road Traffic Act or the Act on Special Cases concerning the Settlement of Traffic Accidents. However, considering that the criminal records of the defendant's like criminal records of this case are all four years prior to the date of each crime of this case, the defendant's misjudgments his depth through confinement and living for about one month, the defendant's wife and son's wife's environment, and the defendant's argument that the above defendant's child and son's environment were unfair.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Acts concerning criminal facts;

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