(영문) 부산지방법원 2014.10.10 2014노2785 | 리걸엔진

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(영문) 부산지방법원 2014.10.10 2014노2785

도로교통법위반(음주운전)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the sentence of 10 months sentenced by the defendant is too unreasonable.

2. The crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (Free Driver's License) do not mean that the defendant drives a vehicle under the influence of alcohol without a driver's license, but does not seem to have an urgent or inevitable circumstance that the defendant should drive a vehicle under the influence of alcohol or without a driver's license. The crime of larceny of night room chips in this case was committed by the defendant by intrusion upon the victim's entrance and exit through windows at night, and it is not good that the crime was committed. The defendant had a record of criminal punishment on several occasions, and the defendant had a history of criminal punishment on three occasions or more times, and the crime of violation of the Road Traffic Act was committed on April 13, 2012. In particular, the crime of this case is inevitable even if the defendant was under the suspension of execution on the same kind of crime on the condition that he was under the suspension of execution on the condition that he was under the influence of a driver's license, and it is also inevitable during the suspension of execution, and the crime of larceny after the crime of violation of the Road Traffic Act (D).

However, the court below's punishment is too unreasonable in light of the following circumstances: (a) the defendant committed each of the crimes of this case against the defendant when he was in the trial; (b) there was no record of having been sentenced before the sentence; and (c) the thief committed the larceny was first committed by the defendant; (d) the degree of taking the principal of the defendant; (e) the value of stolen goods; (e) the defendant's age, environment, occupation, family relationship; and (e) the circumstances leading to each of the crimes of this case before and after the commission of the crime.

Therefore, the defendant's argument is justified.

참조조문

-도로교통법

유사 판례

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