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(영문) 대전지방법원 2014.11.19 2014노2426
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is too unreasonable.

2. Determination as follows: (a) inasmuch as an act of driving a drinking without a license is highly likely to cause harm to the life and body of another person as well as his/her own, it is deemed that the nature of the crime is not light; (b) the blood alcohol content of the defendant at the time of the instant case reaches 0.161%; (c) the defendant has three criminal records for the same crime; (d) the defendant has three times criminal records for the same crime; and (e) the defendant was sentenced to a suspended sentence or more; and (e) on October 14, 2013, the defendant was sentenced to a suspended sentence of two years for one year for a violation of the Road Traffic Act at the Daejeon District Court on October 22, 2013; and (e) the defendant committed each of the instant crimes again during the suspended sentence.

However, it appears that the defendant led each of the crimes of this case and reflects his mistake, that the defendant scrapped his vehicle after the time of detention for about five months, that the defendant was likely to have been given an opportunity to know about the punishment, that the defendant lost his parent from the care of the defendant, and that he was real name of one eye due to an accident, etc., and that he sent a difficult time due to his failure of business that is distinguished and repeated before 12 years, that the defendant was forced to stop his alcohol and not repeat his work, that there was a family member to support the defendant, that there was a family member who is willing to guide the defendant, and that the defendant's family member and his wife is waiting for the defendant, and that the sentence of this case is expected to be detained for a long time after the judgment of suspension of execution becomes final and conclusive, and other favorable circumstances that result in the crime of this case, including the circumstances and circumstances leading the defendant to the crime of this case, his age, his occupation and behavior, family relation, occupation and behavior, etc.

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