2015No76 Violation of the Road Traffic Act (Refusal of measurement) and the Road Traffic Act (no pages)

Driving)

○○ (1955, 1955, livestock industry)

Prosecutor

South Korean Wars (prosecutions) and the head of a court shall hold a public trial.

Attorney Jeon Ho-ho

Jeju District Court Decision 2014Ra1649 Decided January 28, 2015

June 11, 2015

The judgment of the court below is reversed.

Defendant shall be punished by a fine not exceeding 15 million won.

Where the defendant fails to pay the above fine, the above defendant for the period converted into one day by 100,000 won.

shall be confined in a workhouse.

To order the defendant to pay the amount equivalent to the above fine.

1. Summary of grounds for appeal;

The sentence of the lower court (eight million won by fine) is too unhued and unreasonable.

2. Determination

The defendant recognized the crime of this case and reflects it, and there are favorable circumstances for the defendant such as the victim's agreement.

However, in full view of all the circumstances, including the Defendant’s 208, 201, and 2013, even though he was sentenced to a fine due to drinking driving in the year 201 and 2013, the Defendant driven a motor vehicle without a license in the same time, and the Defendant refused to comply with the police officer’s lawful request for a drinking test at once, causing an accident while driving, and other circumstances that form the sentencing conditions specified in the instant pleadings, such as the age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, the lower court’s sentence is unreasonable.

3. Conclusion

Therefore, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be judged as follows.

【Discretionary Judgment】

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the evidence related thereto are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a refusal to measure the noise level), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license), the selection of each fine

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum aggregated)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

However, on April 10, 2014, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Management and Utilization of Livestock Excreta and was still under the suspension of execution. Considering that the above crime is the crime of this case and the crime of this kind, it is somewhat harsh to invalidate the suspension of execution by sentenceing imprisonment with prison labor to the Defendant, and thus, the sentence as set forth in the Disposition shall be determined by taking into account this.

Lee Jin-hee (Presiding Judge)

Yellow America

Kim Jong-Jin