(영문) 창원지방법원 2020.10.15 2020노1061 | 리걸엔진

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(영문) 창원지방법원 2020.10.15 2020노1061

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

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is an unfavorable condition against the Defendant, such as the following: (a) the Defendant has been subject to punishment several times due to drinking alcohol; (b) the Defendant was sentenced to a suspended sentence of imprisonment due to drinking alcohol; and (c) the Defendant was under the suspended sentence; and (d) the blood alcohol concentration level was high.

However, in full view of the following factors: (a) the defendant's mistake and reflects; (b) the defendant has no record of being punished in excess of the suspension of the execution of imprisonment; (c) there is a family member to support; and (d) the other defendant's age, character, character, environment, family relationship; (b) motive and circumstance of the crime; (c) the driving distance; and (d) the circumstances after the crime, etc., the sentence imposed by the

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369

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. In light of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions examined in the judgment under Article 53 and 55(2) of the Criminal Act shall be determined as per Disposition.

참조조문

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