(영문) 의정부지방법원 2017.07.17 2017노501

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.07.17 2017노501

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year and six months of imprisonment) is too unreasonable.

2. Determination is that the Defendant committed the instant crime at least six times including the record of the suspended sentence, in particular, when taking into account the following circumstances: (a) the Defendant committed the instant crime when he/she was sentenced to one year of suspended sentence on July 25, 2014 by being sentenced to two years of suspended sentence due to the crime of driving without a license for drinking, etc. on July 25, 2014; (b) the Defendant was absent on the date of questioning the detention warrant due to the instant crime, and was arrested during the designated number of times after escape; (c) the amount of alcohol concentration in blood is very high; (d) the Defendant is recognized and against the Defendant; (e) the said suspended sentence has already been revoked; (e) a large number of persons including his/her family members want to take the front place; and (e) the circumstances leading to the instant crime; and (e) the Defendant’s age, sexual behavior, environment, etc., the sentence that the lower court rendered against the Defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as shown in the corresponding column of the judgment below, except for the alteration to K of the 10 J on the 2nd page of the judgment below’s 2nd page, and therefore, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

참조조문

-형법 제40조

-형법 제50조

유사 판례

-의정부지방법원 2017.02.03 2016고단5084

-광주지방법원 2016.09.29 2016노2037

-창원지방법원 통영지원 2018.01.30 2017고단1900

-춘천지방법원 강릉지원 2017.11.23 2017노421

-춘천지방법원 2017.02.16 2015고단831