(영문) 대전지방법원 2020.02.13 2019노3021 | 리걸엔진

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(영문) 대전지방법원 2020.02.13 2019노3021

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. The judgment of the defendant committed the crime of this case at the same time during the suspension period of the execution of the same kind of crime even though the defendant was punished twice due to drinking driving, and the fact that the blood alcohol concentration is high and the distance of driving is not shorter than the distance, etc. are disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized the crime of this case and committed the crime of this case for about five months, and that there was no personal or physical accident due to the crime of this case, and that the defendant would dispose of the vehicle after the decision of the court below and would not repeat the crime of this case, and other circumstances such as the motive, circumstance, means and method of the crime of this case, the situation before and after the crime of this case, the defendant's age, character, behavior, career, environment, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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 court below is ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is 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 former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of Article 334(1) of the Provisional Payment Order shall be determined as ordered by considering the various circumstances.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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