(영문) 창원지방법원 2020.12.03 2020노1860 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2020.12.03 2020노1860

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant has been punished several times for the same crime, the fact that the defendant committed the crime of this case during the suspension of execution due to the crime of this paper, and that the blood alcohol concentration is very high to 0.176%.

However, in full view of the following facts: (a) the Defendant recognized the mistake and reflects; (b) the vehicle is scrapped and does not repeat the vehicle; and (c) the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense; (d) means and consequence of the offense; and (e) all of the sentencing conditions shown in the process of pleadings, such as the circumstances after the offense, the lower court’s punishment is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Determination of the sentence as ordered by comprehensively taking account of the following factors: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) and (c) the reason for sentencing on the grounds of the above appeal.

참조조문

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