(영문) 전주지방법원 2014.11.21 2014노1067 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2014.11.21 2014노1067

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to require a strict punishment for the defendant in light of the fact that the defendant drives a vehicle in a state of drinking alcohol concentration of 0.095% without a driver's license and the nature and circumstances of the crime are not good, and the defendant committed the crime of this case, which is the same kind of crime even though he had been punished twice due to drinking driving, without being aware of it during the period of probation, even though he had the past record of being punished twice due to drinking driving, and also constitutes the crime of this case. However, the defendant is deemed to have the entire crime of this case, and the defendant has the opportunity to sufficiently reflect his blood alcohol concentration of more than two months through confinement life, and the defendant's blood alcohol concentration of more than 0.095% cannot be deemed to be high. The defendant's driving distance of a vehicle in a state of drinking and non-license without a driver's license, and there is no traffic obstacle such as traffic accident due to the defendant's drinking and non-driving without a driver's license, and the defendant's age and circumstances of this case are too unfair after considering the circumstances of sentencing.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 148-2 of the Road Traffic Act concerning criminal facts;

참조조문

-도로교통법 제148조의2

-형사소송법 제364조 제6항

-형사소송법 제369조

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