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(영문) 창원지방법원 2019.08.29 2019노861
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. The judgment of the defendant has a history of criminal punishment twice due to drinking driving, and it is not good that the defendant repeats drinking driving even though he/she was in the period of suspension of execution, and is also highly likely to criticize.

However, the defendant is guilty and is against the law.

The distance of the defendant's driving was not long and the blood alcohol concentration was not high.

The defendant is going not to drive a drinking again for young young people, and in light of the attitude of the court, there seems to be sufficient possibility of improving his character and behavior through appropriate edification in the future.

In addition, the mother of the defendant wanted to look back to the defendant so that the defendant can live properly, and the defendant was disposing of the vehicles registered in his own name to prevent the recidivism of the defendant.

Although the defendant is responsible for his family's livelihood, it seems too harsh that the sentence of imprisonment in this case will be invalidated and the additional sentence will be imposed.

In addition, considering the various circumstances, such as the defendant's environment, character and conduct, motive of the crime, and circumstances before and after the crime, which are the conditions for sentencing as shown in the records and pleadings, the sentence imposed by the court below is somewhat heavy.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Criminal facts;

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