(영문) 의정부지방법원 2015.10.27 2015노1946

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.10.27 2015노1946

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. Determination

A. It is recognized that drinking-driving is likely to cause harm to the life and body of a person as well as the driver, and that there is a need to strictly punish it, and that blood alcohol concentration was very high as 0.218%.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the first offender who has no record of criminal punishment; (c) neglected to support two children; and (d) he/she has difficulty in economic conditions as a basic living recipient (the vehicle driven by the Defendant was not owned by the Defendant); and (c) other circumstances, including the Defendant’s age, circumstances leading to the commission of the crime; and (d) circumstances after the commission of the crime, etc., the sentence imposed by the lower court on the Defendant is deemed unreasonable.

C. Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 is the same as the corresponding column 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 and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the crime;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation ( normal consideration favorable to the defendant among the grounds for reversal);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

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