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(영문) 창원지방법원 2013.10.17 2013노961
도로교통법위반(음주운전)등
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 is unreasonable because the lower court’s punishment (7 million won of a fine) is unhued.

2. The circumstances favorable to the defendant are that the defendant reflects the wrongness, and that the defendant is in the position to support the wife and young children.

However, in the past, the defendant has been punished several times due to drinking or unlicensed driving (two times a fine and two times a suspended sentence of imprisonment). In particular, on September 21, 201, the defendant was sentenced to a suspended sentence of two years on September 29, 201 due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in the Changwon District Court's Support on September 21, 201 and was sentenced to a suspended sentence of two years on September 29, 2011, and the judgment became final and conclusive and conclusive on September 29, 201, but it seems difficult to expect the effect of preventing drinking and unlicensed driving, and considering the defendant's criminal history, it seems that it is difficult for the defendant to expect the effect of preventing drunk driving and unlicensed driving. Since drinking driving is a crime that may cause damage to his life and property, it is necessary to strictly eradicate it by reflecting the purpose of revision of the Road Traffic Act, and all other circumstances and arguments of the defendant after the aforementioned crimes are considered unfair.

3. Accordingly, the prosecutor's appeal of this case 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 after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment of the court below, so it is in accordance with Article 369 of the Criminal Procedure Act.

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