(영문) 의정부지방법원 2019.01.07 2018노3112

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(영문) 의정부지방법원 2019.01.07 2018노3112

도로교통법위반(음주운전)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable.

2. The judgment of the defendant committed the crime of special intimidation in this case by the defendant's act of carrying the knife in the knife by leaving the kitchen, which is an object dangerous to the victim's hiverse by escaping from the victim's children, and threatening the victim. The crime of violating the Child Welfare Act (child abuse) in this case committed the crime of this case committed emotional abuse by forcing the victim's hiverse to die by committing the above behavior with G along with G with the above behavior against the victim's H and I, and preventing him from diving. The crime of violating the Road Traffic Act (driving without a license) and the Road Traffic Act committed the crime of this case committed on October 18, 2017 by the defendant driving under the influence of 0.26% of blood alcohol concentration while under the influence of alcohol on May 20, 2018 and driving a vehicle under the influence of alcohol with a 3% alcohol level at least 25% alcohol without the victim's consent.

However, in full view of the favorable circumstances, such as the fact that the Defendant fully recognized each of the instant offenses and is in violation of depth, that the said victim did not want to be punished against the Defendant, that the victim H and I want to be punished against the Defendant, that there was no record of being sentenced to suspension of qualification or more severe punishment, and that there was no record of being sentenced to suspension of qualification or more severe punishment, the lower court’s punishment seems to be too unreasonable, taking into account the following factors: (a) the balance with the ordinary sentencing in the same similar case; (b) the Defendant’s age, character and behavior, environment, relationship with the victims, the background of the offense, and the circumstances after the crime.

Therefore, the defendant.

참조조문

-도로교통법

-도로교통법 제44조 제1항

-아동복지법

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