(영문) 창원지방법원 2018.01.25 2017노3358 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.01.25 2017노3358

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant was found to have committed the instant crime when he was in the heart, that the alcohol concentration of the Defendant’s blood was 0.057% and the distance of driving was 100 meters shorter than that of the punishment, that the Defendant did not have any record of being punished for driving under the influence of alcohol, and that the Defendant was sentenced to imprisonment with prison labor and six months for a violation of the Narcotics Control Act on April 26, 2017, and that the judgment was given the same year;

5.5. The judgment of the court below was finalized before the above judgment became final and conclusive. Considering the facts of the crime of this case and the facts of the crime of this case, if we consider the contents of the crime of this case, it cannot be seen that the punishment was no longer binding even after the judgment was rendered, and other various circumstances, including the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and the circumstances before and after the crime of this case, it is deemed that the punishment of the court below is unfair.

3. Since the defendant's appeal is with merit, 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 evidence admitted by this court is as follows: (a) except for the alteration of “1. The Defendant’s partial statement” to “1. The Defendant’s oral statement” from among “the gist of evidence” of the lower court’s judgment as “the Defendant’s oral statement” as stated in each corresponding column of the lower court’s judgment, thereby citing the same as it is in accordance with Article

Application of Statutes

1. Article 148-2 of the Traffic Act and Articles 148-2 (2) 3 and 44 (1) of the same Act and the selection of fines for criminal facts at the option of the relevant law and punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment;

참조조문

-마약류 관리에 관한 법률

-형법 제37조

-형법 제39조 제1항

유사 판례

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