beta
서울남부지방법원 2013.11.07 2013노1550

도로교통법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment of the court below (eight months of imprisonment) is too unreasonable.

The defendant's drinking level is significant, the drinking driving is very highly likely to lead the result of thought by causing a traffic accident. In fact, the defendant caused a traffic accident while driving under the influence of alcohol, the defendant has a history of punishment by driving several times even though he did not have obtained a driver's license, and the victim's agreement or the victim's repayment has not been made is an unfavorable condition to the defendant.

However, considering the fact that the defendant has no record of punishment more than imprisonment without prison labor for the last 20 years, there is no personal damage caused by traffic accident, the fact that there is no physical damage, the possibility of recidivism is low by scrapping the vehicle after the traffic accident in this case, and that there is a deep depth reflects the mistake, and other various sentencing conditions specified in the arguments in this case, such as the method of the crime in this case, the circumstances after the crime, the circumstances after the crime, the age, character and conduct of the defendant, and family relationship, the punishment of the court below is somewhat inappropriate, and thus the defendant

Therefore, 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.

Criminal facts

The summary of the facts and evidence recognized by this court is identical to those stated in the corresponding column 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. Article 151, Article 148-2 (2) 2, Article 44 (1) (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes [the crime of violating the Road Traffic Act (the crime of running under the influence of alcohol)].