(영문) 수원지방법원 2019.01.09 2018노7020 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 수원지방법원 2019.01.09 2018노7020

도로교통법위반(음주운전)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant was made three times of driving under the influence of alcohol, and in particular, the defendant committed the crime of driving under the influence of alcohol and without a license again without being aware of it during the suspension of execution due to the same kind of crime, and the drinking driving is a crime that may cause serious harm to an unspecified person, and its social risk is considerably high. The defendant, while driving the instant vehicle under the influence of alcohol, caused a contact accident while driving the instant vehicle, and the blood alcohol concentration of the defendant was very heavy to 0.27% at the time of the instant crime, which is disadvantageous to the defendant.

However, the following are the circumstances that are favorable to the defendant: (a) the defendant recognized his mistake and reflects his depth; (b) there is no record of being punished by imprisonment with prison labor; (c) the crime of this case was committed in an unstable state due to depression; (d) the fact that the defendant committed the crime of this case was committed in an unstable state; (c) the medical care for alcohol ozone; and (d) the fact that the defendant is going to not repeat the crime after receiving the hospital treatment; and (e)

In addition, comprehensively taking into account all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or is not unreasonable as it is so unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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