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(영문) 제주지방법원 2020.12.24 2020노752
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Each of the crimes of this case in the judgment on the grounds of appeal is very heavy in view of the following: (a) the Defendant left the scene by leaving the vehicle in spite of the accident involving utility poles while driving under the influence of alcohol or without a license; (b) the Defendant was sentenced to the suspension of the execution of imprisonment on March 18, 202 for the same crime on March 18, 202; and (c) the Defendant committed each of the crimes of this case again in a short period without being aware of the suspension of the execution; and (d) the blood alcohol concentration measured by the Defendant at the time of the instant case is relatively high to 0.110%.

However, in light of the fact that the defendant's mistake is recognized by the defendant, the family members and branch members of the defendant want to take the preference against the defendant, the personal and material damage did not occur due to each of the crimes of this case, the defendant scrapped the driver's vehicle, the defendant was sentenced to a fine on one occasion in addition to the above suspended sentence, and the defendant was sentenced to a fine on one occasion in addition to the above suspended sentence. However, in full view of all the sentencing conditions of this case, including the defendant's age, character and behavior, environment, family relationship, motive and appearance of the crime, and circumstances after the crime, it is deemed that the sentence imposed by the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with

Application of Statutes

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act;

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