(영문) 춘천지방법원 2018.01.10 2017노1004 | 리걸엔진

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(영문) 춘천지방법원 2018.01.10 2017노1004

도로교통법위반(음주운전)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Determination that the defendant has a large number of driving skills for drinking and non-licensed driving skills, each of the crimes in this case is a case where the defendant drives drinking in the situation that the defendant is not permitted to drive in his/her own without a license, and the defendant conducted two times or a non-licensed driving in the course of trial in relation to the crime [2017 order 304 high group / [2017 order / [2017 order / [304 high group / 584] of the judgment of the court below], [2017 order / [2017 order / 584 high group] of the court below's [2017 order / [2017 order 913 high group] of the crime committed in the situation where the court below issued a detention warrant due to a legal absence related to the crime, and in consideration of the fact that there was no human injury at the time of the crime, it is inevitable to punish the defendant's above repeated criminal acts.

However, in full view of the fact that the defendant seems to have no record of being sentenced to a fine in excess of the fine in relation to drinking and non-licensed driving, the defendant confessions and reflects all the crimes, the defendant's distance operated in each of the crimes of this case is relatively short, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. and various sentencing conditions shown in the arguments and arguments, such as the defendant's age, sex, criminal conduct, environment, motive, means and consequence, the punishment of the court below is somewhat unreasonable, and the defendant'

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 of the Road Traffic Act.

유사 판례

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