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(영문) 전주지방법원 2015.02.06 2014노758
도로교통법위반(음주운전)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (fines 5,000,000) against the Defendant by the Prosecutor is too unhued and unreasonable.

B. The lower court’s punishment against the Defendant is too unreasonable.

2. Determination is recognized as favorable circumstances such as the fact that the defendant recognized the crime of this case and reflects the fact that the defendant's drinking driving of this case did not cause harm to another person's body or property, that the defendant seems not to have good health due to economic difficulties, and that the defendant again said that he would not drive under the influence of alcohol.

However, the crime of this case is that the defendant drives a motorcycle that has not subscribed to mandatory insurance under the influence of 0.160% of blood alcohol concentration, and the nature and circumstances of the crime cannot be deemed to be light, and the defendant has been punished twice or more due to drinking driving despite the fact that he had been punished two times or more, and there is a need to strictly punish the defendant in light of the purpose of the Road Traffic Act, which is the punishment increased by the statutory punishment. The defendant has four times of punishment including the suspension of the execution of imprisonment due to drinking driving, and the defendant has four times of experience of punishment, including the suspension of the execution of life due to existing buildings, and the crime of preliminary punishment. The blood alcohol concentration of the defendant is considerably high, and the distance of drinking driving is not shorter, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., as a whole, the defendant's defense counsel and the prosecutor's assertion that it is too unreasonable and too unreasonable.

3. If so, each appeal by the defendant and the prosecutor is to be filed.

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