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(영문) 창원지방법원 2020.10.08 2020노1807
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the prosecutor’s judgment and the Defendant’s assertion of unreasonable sentencing, even though the Defendant had been subject to three times punishment for the same kind of crime, the Defendant again committed the crime of drunk driving at intervals of three days, and the blood alcohol concentration at the time of each crime is very high to 0.296% and 0.412%.

As such, in that the same kind of crime is repeated, it seems that there is a lack of compliance spirit and safety awareness about traffic regulations, and drinking driving is a dangerous act that leads to a large accident that leads to another person's life. In light of the fact that drinking driving is a dangerous act that is likely to lead to a serious accident, it is inevitable to strictly punish the accused.

However, in full view of the fact that the defendant acknowledges and reflects all the crimes, that the defendant disposes of the vehicle and does not repeat the crime, that there is no criminal record exceeding the fine for the same crime, that the two children after the divorce bears the obligation to pay the child support, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, and motive leading to the crime of this case, the sentence of the court below is too unreasonable.

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

(4) As long as the judgment of the court below is accepted by the defendant's appeal and reversed, the prosecutor's appeal shall not be dismissed separately in the disposition). 【Criminal facts and summary of evidence admitted by the court, as stated in the corresponding column of the judgment of the court below, and the summary of evidence thereof are the same as stated in the corresponding column of the judgment of the court below.

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