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(영문) 전주지방법원 2020.04.23 2020노57
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. On February 17, 2006, the prosecutor issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Hongsung Branch of the Daejeon District Court on February 17, 2006; on November 15, 2012, the Jeju District Court issued a summary order of KRW 4 million as the same crime; on February 15, 2019, the former District Court issued a summary order of KRW 10,000,000 as a fine for the same crime; and on February 15, 2019, the Defendant was sentenced to a suspended sentence of two years for ten months with imprisonment with prison labor for the same crime. The Defendant was sentenced to a summary order of KRW 4 million at the Jeju District Court on November 15, 2012, and the Defendant was sentenced to a suspended sentence of KRW 200,000,000 from the Jeju District Court on February 15, 2019.”

However, due to the above revision of the facts charged, it cannot be deemed that the subject of adjudication is changed by substantially changing the contents of the facts charged or affecting the defendant’s defense right.

Therefore, the judgment of the court below is not reversed ex officio.

3. The judgment is favorable to the defendant, such as the fact that the defendant separates and reflects his criminal act, the distance operated by the defendant with no license is about 1 km, and the victim G in the special intimidation case of this case expressed his intention not to punish the defendant at the investigation stage.

However, drinking driving is a very dangerous crime that could cause unexpected behaviors to the life and home of others as well as itself by raising the possibility of occurrence of traffic accidents.

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