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(영문) 수원지방법원 2015.09.11 2015노3509
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 reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant has several records of punishment for the same crime; the defendant was sentenced to a suspended sentence of imprisonment for driving under the influence of alcohol on October 10, 2014; the defendant committed the crime of this case only one month after the judgment became final and conclusive; the defendant was under custody for approximately three months; the defendant was under confinement for approximately three months; the defendant was under the influence of drinking driving on October 10, 2014, and was under the influence of alcohol dependence after taking a hospital's medical treatment for the purpose of treating the company due to the side effects of the drug and was under the influence of alcohol dependence, and the use of the drug was suspended, and the above circumstance seems to have affected the part of the crime of this case; the defendant's family members and Dong members want to actively cooperate in the treatment of the defendant; the defendant's age, character, conduct, family relationship, and circumstances after the crime of this case are considered to have been somewhat divided, and thus, the court below's judgment of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for negligence;

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