(영문) 의정부지방법원 2014.09.24 2014노332

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2014.09.24 2014노332

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

However, the above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant’s blood alcohol concentration at the time of the instant case is considerably high to 0.214%; and (b) the drinking driving distance is up to 3 km; (c) the Defendant led to the confession of the instant crime and statement that it is divided; (d) the Defendant was deemed to have caused traffic accidents except the driving of the instant case after obtaining the driver’s license in around 197, or was not in violation of traffic regulations; (e) there was no criminal record on the Defendant; and (e) the Defendant disposed of the truck as indicated in the judgment below after the instant crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, background, means and consequence of the instant crime, circumstances after the instant crime was committed, and family relations, the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (the consideration of favorable circumstances among the reasons for reversal in the preceding way);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

유사 판례

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