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(영문) 대구지방법원 2020.09.15 2020노1944
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant has been punished several times for the same crime, and the liability for the crime of this case is not weak during the period of suspended execution.

However, considering other factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable, in light of the following factors: (a) the Defendant treats physical damage as a comprehensive insurance; (b) the blood alcohol level of the instant case is not high; (c) the Defendant bears the child support after divorce at Grade 5 with physical disability; and (d) the Defendant assumes the responsibility for the livelihood of the children born between the front female-gu and the front female-gu; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime;

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as per the order, taking into consideration the above reasons for reversal.

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