(영문) 광주지방법원 2020.06.09 2019노1791 | 리걸엔진

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자간(%)

(영문) 광주지방법원 2020.06.09 2019노1791

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 one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is too uneased and unreasonable.

2. The judgment recognizes the Defendant to commit the instant crime, the Defendant did not have a previous record of drunk driving that occurred after 2009, and the Defendant used a substitute driving even when the Defendant moves to the drinking place on the day of the instant case, but, if he returns to his house after completing the drinking place, the Defendant’s failure to commit the instant crime is an element of sentencing favorable to the Defendant.

However, when the defendant had a drinking-free driver's license reduction while drinking control, it is an unfavorable sentencing factor against the defendant, such as the fact that the police attempted to drive the vehicle while driving the vehicle, that the police attempted to drive the vehicle, that the defendant responded to the control of the defendant after leaving the vehicle, that the blood alcohol concentration (0.202%) at the time of drinking driving is considerably high, and that the defendant had a previous driver's license without a license twice and a second driver's license.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable as it is deemed unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

유사 판례

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