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(영문) 대전지방법원 2018.12.13 2018노2590
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of reasons for appeal: The punishment sentenced by the court below (one year of imprisonment) which is unfair in sentencing is too unreasonable.

2. The driving of the judgment under the influence of alcohol is a serious criminal that threatens the life, body, and property of other persons as well as his family members, and the defendant has been already punished three times or more due to driving under the influence of alcohol, and the defendant has been sentenced to a suspended sentence of three years on June 3, 2016 due to a crime of violating the Road Traffic Act at the Daejeon District Court on the grounds of the crime of violating the Road Traffic Act at the Daejeon District Court on June 3, 2016, and the judgment became final and conclusive, the crime of this case is committed again during the suspended sentence period. The blood alcohol concentration at the time of the crime of this case was very high to 0.236%, and the defendant's criminal history and tendency are very high to risk of repeating a crime.

In light of the fact that the crime of this case occurred due to physical damage, and the defendant stated to the effect that "on the part of a person who gets contacted with him and her to drive the motor vehicle" during the process of the crime of this case, the investigative agency stated that "on the part of a person who gets off the motor vehicle (the investigative record No. 41,50)" was "on the part of a person who gets off the motor vehicle at her house," and in the court of trial, "on the part of a person who gets off the motor vehicle at her house," the "on the part of a person who gets off the motor vehicle," did not seem to have been able to have been able to go through the telephone and make it inevitable to drive the motor vehicle," it is necessary to punish the defendant strictly.

However, the defendant recognized the crime of this case, the distance of actual driving of the defendant is short, the damage is compensated by the sirens mutual aid to which the defendant joined, and if imprisonment is finalized by this case, the defendant must be sentenced to imprisonment with prison labor under the above suspended execution. In addition, the defendant's age, sex, environment, motive and means of the crime, and the situation before and after the crime, etc.

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