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(영문) 대전지방법원 2014.08.20 2014노1459
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. Determination as follows: (a) in light of the fact that drinking and drinking driving are highly likely to cause harm to the life and body of others as well as himself, the nature of the crime is not weak; (b) the criminal punishment of the Defendant is six times due to the same crime; and (c) three times due to the criminal punishment of the same crime, which is more than a suspended sentence; and (d) the Defendant committed the instant crime at the Daejeon District Court on October 21, 201 without being aware that he was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Daejeon District Court on October 21, 201, without being aware of the fact that he committed the instant crime at the time when the suspended sentence period has not

However, the defendant confessions the crime of this case and reflects his wrongness. The case is that the defendant was under contact with Macks from South and North Korea and during military service and was under control at a place where the defendant parked a vehicle after drinking about 400 meters from his house, and the distance of drinking driving was relatively less than 500 meters. At the time, the blood alcohol content of the defendant was relatively high at 0.084%. At the time, the defendant was born in the heart of 2009. On May 30, 2014, the defendant complained of the symptoms of the heart disease and sent back to the hospital emergency room of the National University University. The family members, including the visually handicapped children, should support the defendant for his living, and the defendant's living conditions such as the defendant's right to living, such as the defendant's mental health and behavior during the period of imprisonment, and the defendant's daily life had a great difficulty in living.

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