(영문) 대구지방법원 2015.12.10 2015노541 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.12.10 2015노541

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The Defendant recognized the mistake of the instant crime, and is in profoundly contradictory to the fact that the Defendant did not repeat the instant crime.

It is also recognized that the defendant should support his family.

However, although the defendant had been punished several times for the same kind of case, including the probation, the crime of this case is likely to be committed again during the probation period, and the nature of the crime is heavy.

The defendant's blood alcohol concentration is 0.152% high so that it is necessary to punish the defendant strictly.

In full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below is too uneasible and unfair.

3. As such, 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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. The proviso to Article 62-2 (1) and Article 62-2 (2) of the Criminal Act;

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

유사 판례

-대구지방법원 2015.12.10 2015노536

-인천지방법원 2015.07.01 2015노706

-대구지방법원 2016.12.22 2016노2310

-대구지방법원 2013.08.13 2013노959

-대구지방법원 2015.11.19 2015노609