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(영문) 창원지방법원 2015.01.15 2014노2232
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in October, probation, community service order 80 hours, and order to attend a law-abiding lecture) that the court below sentenced is too unreasonable.

2. The judgment of the driving under the influence of alcohol is an offense that may cause damage not only to an individual, but also to a third person's life and property, and thus requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act, etc. In the past, the fact that the defendant has been punished several times due to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (three times a fine) in the past is disadvantageous to the defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant does not have any criminal record exceeding the fine, and the fact that the defendant does not repeat again, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the circumstances and result of the crime in this case, etc., the punishment imposed by the court below is somewhat unreasonable, and thus, the above argument by the defendant is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. The punishment shall be sentenced to selective imprisonment;

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