(영문) 청주지방법원 2015.11.27 2015노1085 | 리걸엔진

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(영문) 청주지방법원 2015.11.27 2015노1085

도로교통법위반(음주운전)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The Defendant appears to have committed the instant crime in mind and committed the instant crime in depth.

In addition, the Defendant disposes of his own car after the crime of this case, thereby not driving under the influence of alcohol.

In addition, the fact that a female-friendly group that promised to marry with the defendant, despite the detention of the defendant, is prone to observe the situation, and the defendant's wife against the defendant should be considered in favor of the defendant in the course of determining the punishment of the crime of this case.

However, despite the fact that the Defendant had been subject to criminal punishment twice or more due to drunk driving, the instant crime was found to be drunk while driving a vehicle while under the influence of alcohol at the altitude of 0.194% at the same time during the period of repeated crime, and is found to be locked as is in the atmosphere during the signal, and thus, the punishment of the illegality of such act is not weak.

The Defendant appears to have been subject to criminal punishment on December 21, 200, a fine of one million won (0.057% of blood alcohol concentration), a fine of 1.5 million won (0.217% of blood alcohol concentration) on November 4, 2003, a fine of two million won (0.193% of blood alcohol concentration) on January 2, 2008, a fine of three million won (0.161% of blood alcohol concentration) on March 22, 2011, a fine of three million won (0.161% of blood alcohol concentration) on June 22, 2011, and a fine of five million won (0.20% of blood alcohol concentration) on November 8, 2012 (total three times, blood alcohol concentration of 0.20%, 0.20% of blood alcohol concentration), and on October 8, 2012.

In addition, comprehensively taking account of the fact that the above favorable circumstances appear to have been fully reflected in the lower court’s sentencing judgment, and other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the lower court’s sentencing is not deemed to be too unreasonable.

Therefore, the defendant's ground of appeal is accepted.

유사 판례

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