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(영문) 전주지방법원 2021.02.16 2020노1807
도로교통법위반(사고후미조치)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

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

2. The driving of a short drinking driving is a serious criminal threatening to the life, body, and property of another person as well as his family, and the defendant has a high alcohol concentration (0.152%) in blood, and the crime is extremely poor, such as causing physical accidents and escape while driving a police officer's regular instructions while disregarding his/her instructions, and leading him/her to escape, and the criminal records of the same violation of the Traffic Act (driving five million won) are committed once (five million won). However, the defendant is deemed to have led to the confession of all of the crimes of this case and sent time against his/her family. Meanwhile, the defendant's physical damage is deemed to have not occurred only due to the crimes of this case, and it seems that there were no physical damage and life damage caused by the crime of this case. The defendant agreed with the victim L/C of this case and there was no record of criminal punishment except for the violation of the Road Traffic Act (driving), the defendant's age, the defendant's age, the circumstances, motive, and circumstances of the crime of this case, and the following circumstances.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the arguments are again ruled as follows.

【Re-written judgment】 The criminal facts and the summary of evidence against the defendant recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Act on the Traffic of Roads provides for the following facts: Articles 148-2(1) and 44(1) of the Act on the Traffic of Roads; Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the point of driving under influence of alcohol); and the traffic of each road.

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