(영문) 대전지방법원 2019.01.31 2018노3653 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2019.01.31 2018노3653

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment is a serious criminal that threatens the life, body, and property of another person as well as his/her family, and the defendant committed the crime of this case even though he/she had the record of punishment once due to the drinking driving. In particular, the defendant was driving without a license since six months have not yet elapsed since his/her license was revoked due to the previous drinking driving, and he/she again gets driving without a license while his/her license was investigated, and the blood alcohol level was significantly high at the time of the drinking driving of this case, and the defendant is presumed to have a variety of criminal records exceeding 10 times, when considering the fact that the defendant is presumed to have a very weak awareness of compliance and ethical awareness, and that all traffic accidents occurred at the time of each of the crimes of this case, the defendant should be punished strictly.

However, in full view of the following factors: (a) physical damage caused by each of the instant crimes is relatively minor; (b) the automobile driven by the Defendant is covered by a comprehensive insurance; (c) the Defendant has no record of being sentenced to imprisonment before the instant case; and (d) the Defendant’s age, character and conduct, environment, motive and means of committing the instant crime and the consequences thereof; and (c) all the sentencing conditions specified in the records and arguments, such as the circumstances before and after the instant

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows.

Criminal facts

The reasoning for this part of the court's reasoning is the same as that for each corresponding part of the court below's judgment. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and

참조조문

-도로교통법

-형사소송법 제364조 제6항

-형사소송법 제369조

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