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(영문) 청주지방법원 2019.06.20 2019노312
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In light of the fact that the defendant, who was under four times criminal punishment due to a crime of violation of the Road Traffic Act due to a judgment knife, drinking, and unlicensed driving, committed each of the crimes of this case during the period of probation, and that the defendant, who is not the principal in the investigation of this case and the trial of the court below, has consistently made an unreasonable justification that is inconsistent with the evidence, such as the driving of another person, etc., in the course of the investigation of this case and the

However, in light of the Defendant’s age, character and conduct, family relationship, living environment, motive and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is somewhat weak in light of the following factors: (a) the Defendant committed each of the crimes in this case at the time of the trial; and (b) the distance of drinking driving is short; and (c) the case does not lead to a traffic accident; and (d) the case does not lead to a traffic accident.

It is recognized that it is too unreasonable rather than that.

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 following decision is delivered

(A) Although an appeal by a prosecutor is well-grounded, the appeal by a prosecutor shall not be dismissed unless the original judgment is accepted by the defendant and the appeal by the defendant is reversed). [In multiple cases, the facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the original judgment, and thus, they shall be cited in accordance with Article 369 of the

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of a sound driving);

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