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(영문) 전주지방법원 2014.12.19 2014노1244
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The crime of this case requires a strict punishment on the ground that the defendant has been punished twice or more due to drinking without a license, while driving without a license, and driving with a motorcycle which has not been covered by mandatory insurance on three or more occasions despite the fact that there has been the history of punishment for driving without a license, in light of the purpose of the Road Traffic Act, which is punished by raising the statutory punishment, the crime is not less complicated. The defendant's blood alcohol concentration at the time of the crime of this case is very high to 0.221%, and the defendant committed the crime of this case again without being aware of it during the period of repeated offense due to a license for driving without a license for driving without a license, but it is necessary to strictly punish the defendant, on the other hand, because the defendant is against the crime of this case, and it seems that there is no traffic obstacle, such as traffic accident, etc. due to a driving without a license for driving without a license of this case, and the defendant does not drive again, and it is somewhat unreasonable to recognize the defendant's age and condition of the crime of this case, and the circumstances of unfair sentencing.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below. Thus, Article 369 of the Criminal Procedure Act is applicable.

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