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(영문) 수원지방법원 2020.11.20 2020노4135
도로교통법위반(음주측정거부)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) 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 the Defendant’s age, happiness, environment, and social relation, etc., the lower court’s punishment seems to be unreasonable, on the ground that the Defendant’s allegation of unfair sentencing is unreasonable, since it appears that the Defendant’s punishment is unreasonable, inasmuch as the Defendant’s punishment is unreasonable.

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 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act for community service and lecture attendance order;

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