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(영문) 전주지방법원 2020.04.09 2019노1498
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

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

2. On May 15, 2018, the former Special Self-Governing District Court sentenced two years of suspension of the execution of imprisonment with prison labor for a violation of the Road Traffic Act, and the violation of the Road Traffic Act, and the violation of the Road Traffic Act, were committed on more than two occasions, such as a serious criminal threatening to the life, body, and property of another person as well as his/her family members, and the degree of blood alcohol concentration (0.203%) with no driver's license, which is very poor in the quality of the crime such as driving without a driver's license. On May 24, 2018, the former Special Self-Governing Province sentenced two months of suspension of the execution of imprisonment with prison labor for more than four months, and repeated the crime of this case during the suspension of the execution of the suspension of the execution of the execution of the execution of the sentence of this case without prison labor for more than four months, and it seems that there are many circumstances such as the defendant's confession of the crime of this case and the injury to the defendant's future driver's vehicle.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The provision of relevant laws concerning criminal facts;

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