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(영문) 의정부지방법원 2014.10.30 2014노1123
도로교통법위반(음주운전)
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 one year from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of six million won) is too unhued and unreasonable.

2. On the other hand, the defendant recognized the crime of this case and, after the crime of this case, the vehicle of this case was scrapped after the crime of this case. (It is deemed that the vehicle of this case was scrapped when considering the degree of damage to the vehicle of this case due to the accident of this case). However, at the time of the crime of this case, the defendant was subject to a disposition of suspension from office for two months due to the crime of this case. However, at the time of the crime of this case, the blood alcohol concentration of the defendant was 0.22% up to 0.22%. At the time of the crime of this case, the defendant did not go through a simple drinking driving, but caused a considerable big accident such as the damage of the building and the house of this case. At the time of the crime of this case, the defendant was completely damaged the glass wall of this case, and the house of this case was duplicated by the violation of the Road Traffic Act, and the defendant was found to have been found to have suffered from the defendant's motive and condition of drinking driving and the crime of this case.

3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

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