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(영문) 창원지방법원 2019.08.29 2019노1201
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal unreasonable sentencing

2. The Defendant committed each of the crimes of this case at the same time, even though he had the record of being punished four times due to drinking or unlicensed driving.

Furthermore, the defendant continued to drive a vehicle even though he did not have obtained a license, has prevented him from committing a crime, and has repeatedly prevented him from committing a crime for a short period.

These circumstances are disadvantageous to the defendant.

However, the defendant is going against the wrongness and not to repeat the crime.

There is no criminal offense over a fine against the defendant.

The family members of the defendant want to take the lead of the defendant, to support the defendant's wife, and to support the defendant.

Since the defendant seems to have half-time time through confinement near to five months, it can be effective to prevent recidivism by suspending the execution of imprisonment at this point.

In full view of such circumstances and other circumstances as the defendant's age, environment, character and conduct, circumstances before and after the crime in this case and the circumstances before and after the crime, the sentence sentenced by the court below is too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court 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 Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant legal provisions concerning criminal facts include Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) (the point of drinking driving on March 1, 2018); and

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