beta
(영문) 전주지방법원 2020.10.27 2020노1276

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as the possibility of traffic accidents. It is necessary to strictly punish the defendant. The defendant committed an accident that shocks the street and building outer walls installed on the road while driving in a drinking condition of 0.119 percent alcohol level while driving under the influence of alcohol. The defendant was sentenced to two years of suspension of execution for eight months as of February 21, 2019 from the Jeonju District Court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's judgment on May 30, 2019, and the defendant committed the instant crime without being punished against the defendant even during the suspended sentence period. The defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act's maximum alcohol level of 0.70 percent on July 15, 2014 or imprisonment with prison labor for a violation of alcohol level of 6 months and 7.

However, in full view of the fact that the defendant's criminal act is divided and reflected from the investigation stage to the trial of the court, the defendant's distance of operation of the motor vehicle is about 200 meters, and no personal damage has occurred due to the accident that occurred in the process, the defendant has no record of criminal punishment for the same crime since 2015, and other conditions of punishment such as the defendant's age, character, character and behavior, environment and other sentencing, the court below's punishment is somewhat unreasonable.

3. Conclusion.

참조조문