(영문) 수원지방법원 2014.12.22 2014노6445 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.12.22 2014노6445

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is excessively unreasonable.

2. In light of the records and arguments of this case including the Defendant’s age, character and conduct, environment, motive leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable and unreasonable, taking account of the following: (a) although the Defendant had been punished several times as a single criminal act; (b) the Defendant committed the instant crime; (c) the Defendant has not been detained for a considerable period of time, and (d) the Defendant has not been detained for a considerable period of time; and (d) there is no penalty power to impose a fine exceeding the Defendant; and (e) other all the sentencing conditions indicated in the instant records and arguments.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

유사 판례

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