(영문) 광주지방법원 2020.03.31 2020노231 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.03.31 2020노231

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The judgment was made three times before the Defendant was sentenced to a fine, and the Defendant re-driving a motor vehicle at around 18:40 on the same day despite the detection of drinking at around 10:14 on October 2, 2019, despite the detection of drinking at around 18:40 on the same day, and the fact that the blood alcohol level of each of the instant crimes was high is disadvantageous.

On the other hand, the fact that the defendant recognized the crime of this case, the drinking driving of around 18:40 on October 2, 2019 at around 18:40 on the driving distance (including about 20 meters) is not long, and the defendant has no criminal record exceeding the fine, etc. is more favorable.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the sentencing cases of similar cases, the equity in punishment, and other various sentencing conditions shown in the pleadings, such as the defendant's age, character and conduct, environment, etc., the court below's punishment is deemed unreasonable, and therefore the defendant's assertion is reasonable

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(2) of the Criminal Act) shall be determined by taking into consideration the circumstances examined in the above Article 53 and 55(

참조조문

유사 판례

-광주지방법원 2020.04.14 2020노49

-광주지방법원 2020.12.22 2020노766

-창원지방법원 2020.09.10 2020노1591

-광주지방법원 2020.06.23 2020노751

-창원지방법원 2020.10.08 2020노1684