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(영문) 의정부지방법원 2017.09.19 2017노1996
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. On June 17, 2008, the Defendant had a record of being punished by a fine of two million won for a crime of violating the Traffic Act (drinking driving) on the road, and a fine of three hundred and five hundred thousand won for the same crime on March 31, 2016. On October 7, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for a crime of fraud on October 15, 2016, and the said judgment became final and conclusive on October 15, 2016, repeated driving under the influence of alcohol concentration of 0.092% during blood alcohol during the suspended sentence.

In addition, the driving of drinking can cause harm to the life, body, and property of others as well as the driver, so it can not be considered that the responsibility for such crime is light.

On the other hand, the defendant recognized the crime of this case, and the defendant seems to have a time to live in prison for two months.

The first one of the driving records of the defendant's two times of drinking is 9 years, and the drinking level at the time of this case is not high.

The crime of the above suspended sentence is a fraud case in which the defendant obtained the so-called "work loan" from a lending company by using a forged employment certificate, etc. In this case, it seems that the defendant retired from the lending brokerage business and operated a mobile phone sales store. Thus, if the defendant is sentenced to a sentence due to this case, it would be too harsh that he is sentenced to imprisonment with labor for one year for which the sentence of the suspended sentence is invalidated and thus suspended.

In full view of such circumstances and other factors of sentencing as the defendant's age, sex, occupation, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable because it 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 judgment below is ruled as follows.

Criminal facts

(b).

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