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(영문) 전주지방법원 2013.04.26 2013노223
도로교통법위반(음주운전)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

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

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. In full view of the fact that the Defendant was punished as a crime of the same kind, and the Defendant did not reach an agreement with the victim, but the Defendant did not have any record of punishment exceeding a fine due to drinking driving, and deposited KRW 1.5 million for the victim in the first instance, and the Defendant recognized the instant crime and seriously reflects his/her mistake, and other various circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, it is deemed that the sentence imposed by the lower court 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.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: “The defendant added “a statement made by the defendant in the court of the trial at the court of the trial at the court of the trial at the court of the trial at the court of the original judgment” under Article 369 of the Criminal Procedure Act, and thus, the summary

Application of Statutes

1. Article 150 Subparag. 1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 9580, Apr. 1, 2009); Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 151 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 46(2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012)

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violation of the Road Traffic Act, Paragraph 1 of the crime in the original judgment).

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