(영문) 대전지방법원 2014.10.01 2014노2002 | 리걸엔진

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(영문) 대전지방법원 2014.10.01 2014노2002

도로교통법위반(무면허운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. The crime of this case was committed on the one hand while the defendant was punished twice or more for driving under the influence of alcohol again, and there is a heavy criminal record on six occasions, such as drinking and driving without a license, two times due to drinking and driving without a license, and one time due to driving without a license, and two times due to drinking, etc., which are disadvantageous to the defendant.

On the other hand, there are circumstances that the defendant repents his mistake and reflects the defendant's mistake, the circumstance that the defendant was caused to drunk driving, and the blood alcohol concentration of the defendant is not high by 0.053%, the family and neighbors of the defendant wanting to take the defendant's wife, the defendant's spouse is leading, and the defendant's detention seems to bring about a harsh result in agricultural management because the defendant cultivated considerable area of farmland, the defendant's detention seems to bring about a harsh result in agricultural management, and the defendant is expected to leave elementary schools, leave farming houses for more than 20 years, and live faithfully in local communities.

In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Discrimined Judgment] Criminal facts and summary of evidence recognized by the court, and they are related to them.

참조조문

-형사소송법 제364조 제6항

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