(영문) 창원지방법원 2015.02.05 2014노2777 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.02.05 2014노2777

사문서위조등

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 sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of this case reveals that the Defendant driven a motorcycle while under the influence of 0.072% of alcohol level without a driver's license, driving a motorcycle while under the influence of alcohol level of 0.072%, and was demanded by a police officer who was under the influence of alcohol driving to present his identification card. The police officer stated “G” in the name column of G, the certificate of confirmation that the police officer presented G's personal information based on the Defendant's statement, the report on the driver's situation statement, and the letter of voluntary behavior, and issued the above documents to the police officer after affixing the Defendant's unmanned seal on his name. The police officer stated "G" in the notice of the result of the influence of alcohol driving (PDA) by stating "G" in the signature column of the police information terminal (PDA) that presented G's personal information based on the Defendant's statement and presented it to the police officer, and the case is not less than that of use of G's signature, and that the Defendant was punished by imprisonment with prison labor or imprisonment with prison labor even in the past (3 times).

However, the circumstances favorable to the defendant, such as the confession of each of the crimes in this case and the fact that the defendant reflects his wrongs through confinement life exceeding two months, the defendant driven a relatively short distance as a motorcycle, the blood alcohol concentration of the defendant is relatively low, the defendant is in a position to support the punishment that the defendant suffers from old and minson's disease, the past records of the suspended execution of the same kind of execution as mentioned above are all prior to 2008, and the defendant does not repeat again, and the circumstances and results of each of the crimes in this case.

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