(영문) 서울고등법원 2017.03.23 2017노280 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.03.23 2017노280

도로교통법위반(음주운전)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court found Defendant 1 guilty of the facts charged in the instant case, inasmuch as 0.127% recognized as the Defendant’s blood alcohol concentration at the lower court’s lower court’s misunderstanding of the facts and misapprehension of the legal doctrine, rather than the Plaintiff’s blood alcohol concentration at the time of driving, was measured at the 40 minutes later than the Plaintiff’s blood level after the completion of driving, the lower court erred by misapprehending

2) The criminal defendant has suspended driving on his own and prevented accidents, the defendant was against his own living in custody for a considerable period of time, and the imprisonment of this case has to be additionally imposed for 8 months in addition to 6 months of imprisonment due to the invalidation of the stay of the preceding sentence, and the defendant has retired from celebling to celebling to prevent recidivism.

According to the fact that there is no vehicle owned by the defendant, etc., the punishment (six months of imprisonment) imposed by the court below is too unreasonable.

B. According to the following: (a) the Defendant’s history of drinking by the Defendant, the motive for driving of the instant drinking, and the motive for driving of the instant drinking, even after the license was revoked due to the refusal of drinking, the Defendant was habitually driving without a license even after the license was revoked; (b) driving of approximately 400 km for about 2-day during the instant 3-day period until the instant case; (c) the drinking and non-licenseing need to be punished socially strictly; and (d) the Defendant’s wife might cause new damage due to driving of the Defendant’

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the Defendant’s assertion of misunderstanding of the facts and legal principles, the Defendant may fully recognize the fact that the Defendant driven a vehicle under the influence of alcohol of 0.127% (07:42 on the day of this case) as stated in the judgment of the court below, so the Defendant’s mistake of facts and misapprehension of the legal principles are without merit.

B. As to the argument that the sentencing of the defendant and the prosecutor is unfair, the defendant and the prosecutor.

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