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(영문) 창원지방법원 2020.11.05 2020노1847
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

, however, for a period of two years from the date this judgment became final and conclusive.

Reasons

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

2. Although the Defendant was punished five times (including without a license for driving in 200, 2003, 2005, 2007, and 2019) due to a drunk driving (including two times), the Defendant again committed the instant crime, and the fact that the blood alcohol concentration level at the time of the instant crime is relatively high, etc. is disadvantageous to the Defendant.

However, the crime of four times except the most recent crime among the punishment records for drunk driving is a crime of this case which has long been committed from 13 to 20 years each time (i.e., the same crime of this case is committed once for the last five years), there is no record of punishment exceeding a fine concerning traffic crimes, the defendant recognized the crime of this case and divided his mistake, the defendant's disposal of the vehicle of this case necessary for the fishery of this case and did not repeat again, the driving distance is relatively short and the traffic accident does not occur, and the defendant's family and people want to take the preference against the defendant, etc. are favorable to the defendant.

Examining the aforementioned circumstances and the various conditions of sentencing as shown in the records and arguments of this case, such as equity with the sentencing of similar cases identical or similar to the defendant, the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, records of the crime, etc., it is deemed that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.

[Separate Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence, are as stated in each corresponding column of the judgment below.

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