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(영문) 대전지방법원 2015.05.21 2014노1980
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) of the lower court against the Defendant is too uneased and unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant was the first offender with no criminal power; and (b) the defendant, who led to the confession of the facts charged in the instant case, appears to repent of his mistake; and

However, the Defendant’s blood alcohol content at the time of the instant case was 0.083%, which was not lower than the margin for a crime falling under Article 148-2(2)3 of the Road Traffic Act, and the need to consider equity with the general sentence imposed in cases similar to the instant crime. In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, the Defendant’s sentence of the lower judgment is deemed to be too unjustifiable and thus unfair, the Prosecutor’

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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