(영문) 대전지방법원 2019.09.26 2019노816 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2019.09.26 2019노816

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal: The lower court’s sentence of an unreasonable sentencing (6 million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below is favorable to the defendant, such as the fact that the defendant led to the crime of this case at the court below, the contact accident occurred due to the crime of this case, but there was no traffic accident causing human and material damage, and the fact that there was no criminal record exceeding the fine of the defendant.

However, in light of the social risk of the crime of drunk driving and the end of the crime, strict punishment is required, and the defendant has already been punished twice due to the crime of drunk driving, but again committed the crime of this case even though he had the record of being punished twice due to the crime of drunk driving.

The defendant was not present at the court one time in the trial, and even if that point, it is doubtful whether the defendant is genuinely against the crime of this case.

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s punishment is deemed unreasonable as it is deemed unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the 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. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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