(영문) 대구지방법원 2015.02.05 2014노4667 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.02.05 2014노4667

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination: (a) the Defendant had been punished several times due to the crime of drinking alcohol driving, the crime of refusing to measure drinking alcohol, etc. on April 1, 2014, and (b) was punished by a fine of KRW 4 million on May 21, 2014; and (c) on July 26, 2014, the Defendant committed the instant crime on the same vehicle with the same vehicle at the same time on July 27, 2014, even though he/she was under drinking or driving without a license (the Defendant was subject to a fine of KRW 7 million on August 27, 2014).

The drinking alcohol level was significantly high by 0.176%, and it is inevitable to severely punish a parked vehicle by causing a traffic accident.

However, the defendant did not have any record of punishment exceeding a fine due to the same kind of crime, and did not repeat the crime, such as disposal of the vehicle, by reflecting the error of the crime in depth.

The defendant seems to have faithfully worked at the construction site of nuclear power plants, etc., and the workplace rent wishes to take the defendant's preference against the defendant.

In full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.

참조조문

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

유사 판례

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