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(영문) 서울서부지방법원 2016.01.14 2015노1677
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, observation of protection, and community service time) of the lower court is too minor.

2. The fact that the Defendant recognized all of the crimes and reflected in the judgment, that the Defendant committed the crimes on April 9, 2014, such as the forgery of signature and the uttering of the same, and voluntarily surrendered to the police station on the same day, and that there has not yet been sentenced to imprisonment is an element for sentencing favorable to the Defendant.

However, as in the instant case on February 20, 2013, when the Defendant was under control on driving under a license without a license, the Defendant committed the same offense during the grace period, even though he/she was sentenced to two years of suspension due to the fact that he/she committed the same offense even though he/she was sentenced to two years of suspension due to the fact that he/she committed the same offense. In particular, even on October 11, 2014 when he/she was under trial on the first instance due to the above crime, he/she was under a license without a license to drive alcohol and again got the name and resident registration number of the F, and even if he/she knew the Defendant that his/her name was true in the course of additional investigation, such as fingerprint confirmation, it would be deemed that a strict punishment is necessary even for the Defendant to cause awareness of the judgment, and even prior to that, he/she had been punished once or twice as a non-license due to drinking, it is an element of sentencing disadvantageous to the Defendant.

Considering the various factors of sentencing as stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, etc., the sentence of the court below is too uneased and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and they are cited as they are.

Application of Statutes

1. Criminal facts;

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