(영문) 창원지방법원 2018.02.01 2017노3320 | 리걸엔진

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(영문) 창원지방법원 2018.02.01 2017노3320

도로교통법위반(음주운전)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. On May 17, 2016, when the Defendant was sentenced to a suspended sentence of one year and a fine of three million won on June 17, 2016, the Defendant committed the instant crime in the same kind of manner, even though he/she was sentenced to a suspended sentence of one year and a fine of three million won, and there is a need to strictly punish the Defendant who repeated the same kind of crime during a short period of time.

However, the fact that the defendant recognizes and reflects the crime of this case, and disposes of the vehicle that was driven at the time of this case, and will not further repeat the crime.

There are extenuating circumstances such as the fact that the defendant was punished for the same kind of crime, and there is no other criminal record other than the criminal record for the same crime in around 1972, that there is a mother over 90 years old due to cerebral blood, etc., that the defendant's health is not good due to the age of 70 years old, that the family members of the defendant want to lead the defendant, that the defendant's family members want to live in the ship, and that the defendant is detained for three months or more, and that he has half time.

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2. of the Road Traffic Act concerning facts constituting an offense;

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