(영문) 서울중앙지방법원 2018.11.22 2018노2759

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(영문) 서울중앙지방법원 2018.11.22 2018노2759

도로교통법위반(음주운전)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. The circumstances favorable to the defendant are that the defendant recognized all facts of crime and divided, and that the defendant's wife and children should be supported.

On the other hand, the defendant was punished three times by a fine for drinking driving in 2001, 203 and 2013. The defendant was sentenced to imprisonment for 8 months due to drinking driving, etc. in 2016, each of the crimes of this case during the probation period, etc. The crime on August 20, 201 caused an accident where the defendant was parked in the apartment parking lot under the influence of drinking without a license, and caused an accident where he was parked in the signal pole at the intersection. The crime on February 3, 2018 was committed by the defendant while the defendant was under prosecution for the crime on August 20, 201, the alcohol level was high at 0.161% at the time of the crime, and the crime on February 3, 2018 was committed by the defendant while the defendant was parked in the parking lot due to a disadvantage of others.

In full view of all the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, which are favorable or unfavorable to the defendant as above, and the records and changes of this case, the sentence imposed by the court below is too uneasible and unfair.

3. According to the conclusion, the appeal by the defendant is without merit, and the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading (the appeal by the prosecutor is accepted, and the judgment of the court below is reversed,

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