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(영문) 수원지방법원 2020.11.27 2020노3865
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution, and two hundred hours of community service) of the lower court is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as age, occupation, environment, and social ties of the defendant, including the fact that the defendant has no same criminal records except that he was punished twice by a fine prior to a ten-year period, that the defendant did not lead to an accident, and that the defendant mistakenly recognized the defendant's mistake, etc., and that the defendant's age, occupation, social ties, etc. and the reasons for sentencing specified in the records, the court below's sentence seems unfair.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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