(영문) 대구지방법원 2021.01.22 2020노3654 | 리걸엔진

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(영문) 대구지방법원 2021.01.22 2020노3654

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In the instant crime, the Defendant, while driving a motor vehicle under the influence of alcohol and drugs again despite his/her past record of punishment for driving a motor vehicle, has caused a traffic accident and has caused injury to the victim, and refused to comply with a police officer’s request for measurement of drinking, and the liability for the instant crime is very heavy. In light of the following: (a) the Defendant has been punished due to interference with the performance of his/her duties, forgery of signature, etc.; and (b) the Defendant committed the instant crime during the suspension period of the execution of imprisonment for a crime such as interference with the performance of duties, etc.

I would like to say.

However, considering the fact that the defendant shows the attitude of opposing his mistake, that there is no criminal conviction or imprisonment without prison labor for the defendant, that the victim's damage is expected to be recovered due to automobile comprehensive insurance, that the defendant is receiving medical treatment due to depression and alcohol dependence, that the judgment of sentence of imprisonment can be invalidated when the judgment of sentence of imprisonment becomes final and conclusive, and that other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, sex, environment, motive, background, means and consequence of the crime, etc., are somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Grounds for a new judgment] Criminal Procedure Act is applicable to facts constituting a crime and summary of evidence recognized by the court, as stated in the relevant column of the judgment below.

유사 판례

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