(영문) 청주지방법원 2020.01.09 2019노1525 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2020.01.09 2019노1525

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes 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 need for severe punishment for driving under the influence of alcohol, the Defendant, who has been punished for the violation of the Road Traffic Act due to the driving without a license for driving under the influence of alcohol, also committed the instant crime without obtaining a license for driving under the influence of 0.194% of the blood alcohol level of 0.194%.

However, considering the following factors: (a) the Defendant’s perception of the instant crime is against the Defendant’s mistake in depth; and (b) the risk of drunk driving and the serious degree of criminal punishment by means of detention for about three months, etc.; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) the overall sentencing conditions indicated in the record, such as the circumstances after the commission of the instant crime, are deemed 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 with merit, and the following judgment is rendered again after pleading.

[Dao-written judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except for adding "the defendant's oral statement" to "the first instance court's oral statement" as stated in the first instance court's judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of the penalty:

참조조문

-도로교통법

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

유사 판례

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