(영문) 대전지방법원 2020.10.29 2020노2602 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.10.29 2020노2602

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (one year and four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The decision-making defendant recognizes all his mistake and reflects his fault.

The victim I suffered injury due to the traffic accident caused by the defendant, and the victim Ma of the victim of the traffic accident I and the damage to property expressed his/her intention that the victims would not be punished for the defendant because the victim Ma of the traffic accident agreed smoothly with the defendant.

This can be considered as the circumstances favorable to the defendant.

However, drinking driving needs to be strictly punished in a very high risk of infringing on the life and body of others as well as himself/herself.

Although the Defendant had already been punished several times due to drinking or unlicensed driving, the Defendant again committed the crime of drinking or unlicensed driving of this case.

Although the Defendant was under the influence of alcohol to the extent that it is impossible for the Defendant to communicate at the time, it was without any distance, and there is no part to take into account the circumstances in which the Defendant was under the influence of alcohol and without a license.

In particular, in this case, the Defendant used the same vehicle while driving a blood alcohol concentration of 0.201% and being investigated, and again resulting in a traffic accident resulting in the driver of the other vehicle while driving the same vehicle and driving a license without license (0.151% of blood alcohol concentration).

This is a behavior that is much more criticized than the ordinary crime of drunk driving.

It is difficult to see that the defendant's opening of the crime is not good and the risk of recidivism is very high in that the defendant has been faced with two times again even though the execution of imprisonment with prison labor is suspended for the crime of drunk driving.

In addition, the defendant without any particular reason, the main entrance run by the victim M.

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