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(영문) 대전지방법원 2020.11.25 2020노2569
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. In light of the fact that the court below, as stated in the grounds for sentencing disadvantageous to the defendant, had a record of punishment for the violation of the Road Traffic Act due to the violation of the influence of alcohol and without a license, such as the defendant, who had been punished several times, including the crime of violating the Road Traffic Act due to the violation of the influence of alcohol and without a license, such as the defendant's driving without a license, violates the signal while driving a motor vehicle while driving the motor vehicle without a license and driving the motor vehicle on the road, and the risk of recidivism is overcoming the risk of recidivism, and the social consensus on the necessity of the driving without a license is formed, it is inevitable to sentence

However, considering the following factors: (a) the Defendant is the most likely to support his two married, and the fact that the instant crime was committed; and (b) the Defendant has not committed a traffic accident in depth by committing a prison life with a large amount of four months; and (c) the Defendant’s age, occupation, character, character, environment, family relationship, health conditions, motive for committing the instant crime, circumstances after committing the instant crime, etc., the lower court’s punishment is too unreasonable.

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.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act.

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