(영문) 울산지방법원 2020.12.24 2020노703 | 리걸엔진

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(영문) 울산지방법원 2020.12.24 2020노703

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too minor for the original judgment.

2. The judgment of the defendant recognized the crime of this case, and the fact that the risk of traffic accident has not been realized due to driving under the influence of alcohol in this case is favorable to the defendant.

However, the crime of drunk driving is a crime with extremely high probability that a third party, who is a minor family member of another group, loses his/her life or suffers serious injury due to a driver's judgment, and there is a need for strict punishment. At the time of the crime of this case, the blood alcohol concentration is somewhat high, and the defendant again committed the crime of this case even though he/she had been punished for a drunk driving for about two years prior to the crime of this case, taking into account all of the sentencing conditions indicated in the record, it is unreasonable to maintain the sentence of the court below against the defendant because it is too uneasible.

3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is reversed, and it is decided as follows.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the preceding);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. The grounds for reversal of the grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., and other factors revealed by the court below in the grounds for sentencing, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined by taking into account the various

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