(영문) 수원지방법원 2014.02.12 2013노6293 | 리걸엔진

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굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.02.12 2013노6293

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the Defendant had already been punished several times due to drinking driving or driving without a license (one time a suspended sentence of imprisonment, five times a fine), and the Defendant committed the instant crime, which is the same crime during the suspended period, without any genuine reflect, despite being subjected to a suspended sentence for driving without a license in 2011, the Defendant should be punished strictly.

However, in full view of the following facts: (a) the Defendant was able not to drive under the influence of alcohol again as the Defendant was able not to drive under the influence of alcohol again, (b) the Defendant’s blood alcohol concentration was relatively high by 0.085%, (c) the Defendant was contacted by her spouse to appeal for clothes from her spouse and led to a drunk driving in this case to go to her spouse; (d) the period of probation has expired in the past trial; and (e) other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, occupation, and family relation, etc., the sentence imposed by the lower court is deemed unreasonable. Thus, the Defendant’s assertion is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

유사 판례

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