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(영문) 창원지방법원 2018.01.11 2017노619
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (1.5 million won penalty) imposed by the defendant is too unreasonable.

2. Although there are circumstances unfavorable to the defendant, such as the fact that the defendant had a large number of past convictions against the defendant, it is judged that the punishment imposed by the court below is unfair because of the following circumstances, considering the fact that the defendant was found to be late in the trial of the defendant, that the blood alcohol concentration level of the defendant at the time is not high to 0.073%, and that the driving distance is less than 100 meters, and that the defendant has no record of being punished for the same crime before and after the crime of this case, and that there are no records of being punished for the same crime, and other various circumstances, including the defendant's age, environment, sex behavior, circumstances before and after the crime of this case, etc., which are conditions for the punishment as shown in the records and arguments of this case, are considered unfair.

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 with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to “a summary of the evidence” to “a summary of the evidence” of the lower judgment, the same is as the corresponding column of the lower court’s judgment; and (b) thus, they are cited in accordance with Article 369 of

Application of Statutes

1. Article 148-2 of the Traffic Act and Articles 148-2 (2) 3 and 44 (1) of the same Act and the selection of fines for criminal facts at the option of the relevant law and punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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