(영문) 대전지방법원 2019.09.05 2019노53 | 리걸엔진

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(영문) 대전지방법원 2019.09.05 2019노53

도로교통법위반(음주운전)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal: The penalty imposed by the lower court (hereinafter referred to as a fine of KRW 8,00,000) is too unhued and unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case and reflected against the defendant, and the blood alcohol concentration of the defendant at the time of the crime of this case and the fact that the defendant stops the vehicle on the side and down down the vehicle on the side, etc. are favorable to the defendant.

However, although the criminal of this case was already punished for drinking driving twice in the past, it is not good that the criminal of this case was driven under drinking during the period of repeated crime due to criminal fraud of this species.

Considering these circumstances, it is necessary to strictly punish the defendant.

In addition, in full view of the Defendant’s age, occupation, character and conduct, environment, family relationship, motive and background of the instant crime, means and consequence of the instant crime, and all of the sentencing conditions shown in the instant records and pleadings, the sentence imposed by the lower court is deemed unreasonable as it is deemed unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and the summary of the evidence, and the summary of the evidence, are the same as that of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

1. Determination of the grounds for the sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order shall be made in the same way as the order, taking into account the various sentencing conditions as seen in the judgment on the grounds for the appeal.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

유사 판례

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