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(영문) 인천지방법원 2019.08.30 2019노1654
도로교통법위반(음주운전)등
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The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The judgment of the Defendant, even though he had a record of being punished for a drunk driving in the past, was a drunk driving on March 11, 2018, and resulting in a traffic accident after driving again on December 12, 2018.

However, in light of various sentencing conditions indicated in the records and arguments, such as the fact that the Defendant recognized the instant crime, the degree of injury suffered by the traffic accident victims is relatively heavy, and the victims of the instant accident did not want the punishment of the Defendant at the time of the trial, etc., the lower court’s punishment is somewhat unreasonable.

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.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(1)2 and 44(2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Articles 152 subparag. 1 and 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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