(영문) 전주지방법원 2017.11.29 2017노1522 | 리걸엔진

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(영문) 전주지방법원 2017.11.29 2017노1522

도로교통법위반(음주측정거부)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. Considering that the crime of this case committed without a driver's license of a motor vehicle is a case where the defendant drives a motor vehicle without a driver's license, and without a justifiable reason, the nature of the crime is not less than that of a police officer's request for alcohol measurement, and the defendant has been subject to criminal punishment three times for the same crime even before, and in particular, the crime of this case committed during the period of repeated crime of this crime is committed, the defendant shall be punished strictly.

However, on the other hand, there is no past record of criminal punishment exceeding the fine due to the same crime, there is a disability of grade 6 in delay and a basic living recipient who seems not to be adequate for the economic situation, and such mistake will not be repeated.

In full view of the fact that the sentence of the court below is too excessive and unfair, taking into account the circumstances leading to the instant crime, the age of the Defendant, sexual conduct, environment, etc., and various sentencing conditions shown in the records and arguments, the defendant's assertion is reasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of the criminal facts and evidence against the defendant recognized by the court below is clear that this part of the criminal facts of the judgment below, which changed " June 24, 2014" to " June 24, 2017," among the criminal facts of the original judgment, No. 8 of the second page 8 of the Criminal Procedure Act, is a clerical error, and thus, it is deemed that the correction is made in accordance with Article 25 of the Regulation on Criminal Procedure.

Except for those, each corresponding column of the judgment of the court below is the same as that of the judgment of the court below, and it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

참조조문

-형사소송규칙 제25조

유사 판례

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-전주지방법원 2018.05.18 2017노1833

-부산지방법원 2017.06.30 2017노861

-전주지방법원 2016.04.22 2015노1808

-전주지방법원 2017.11.10 2017노1192