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(영문) 대구지방법원 2018.04.26 2018노372
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. The Defendant committed each of the instant crimes during the suspended execution period after being sentenced to a suspended sentence of one year and three months for a violation of the Road Traffic Act (e.g., refusal of drinking), etc.

However, in full view of the fact that the Defendant agreed with G, J, L, M, andO for the first time in the trial, and other various circumstances, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the offense, means and consequence, etc., the sentencing of the lower court is too unreasonable.

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 judgment shall be rendered again after pleading.

[Re-written judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below.

Application of Statutes

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 46-2 subparag. 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, Article 319(1) of the Criminal Act, Articles 342 and 330 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, each of the Criminal Act, Article 342 and Article 329 of the same Act, Article 329 of the same Act, Article 342 and Article 329 of the same Act, each of the following offenses;

1. Selection of each sentence of imprisonment with prison labor for the remaining crimes except for the option of punishment, night buildings, larcenys, and attempted crimes;

1. An aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes resulting from the attempted larceny of a structure with the largest punishment at night, but the lowest sentence shall be applicable to the crimes specified for the violation of the Road Traffic Act];

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