(영문) 대구지방법원 2018.05.04 2018노668 | 리걸엔진

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(영문) 대구지방법원 2018.05.04 2018노668

도로교통법위반(음주운전)등

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1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 8,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Considering the fact that the Defendant was sentenced to a three-time fine due to drinking driving, the Defendant was punished for a one-time suspended sentence, and the Defendant again committed the instant crime since the judgment became final and conclusive even though the period of suspended sentence due to drinking driving, it is necessary to severely punish the Defendant.

However, it is recognized that the defendant's mistake was divided in depth through the life of confinement between approximately three months, that the alcohol concentration in the blood of this case is not a relatively high level of 0.084%, that there is no criminal record of the defendant, that if the sentence is finalized in this case, the sentence of six months suspended imprisonment is invalidated, and thus, the above sentence is additionally imposed. This seems to be very harsh in light of the circumstances and the nature of the crime of this case, and that the family and the person of the defendant want to take care of the defendant while leading the defendant.

In addition, considering the various circumstances such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, the punishment of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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 below, and thus, they are quoted 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 Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Trade name;

유사 판례

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