(영문) 창원지방법원 2020.12.17 2020노1705 | 리걸엔진

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(영문) 창원지방법원 2020.12.17 2020노1705

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment, three years of suspended execution, 40 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too unreasonable.

2. The judgment of the defendant, even though he had the power to be punished for driving under the influence of alcohol, has also been engaged in driving under the influence of alcohol, the nature of the crime is not that of the crime

However, in full view of the fact that the defendant's mistake, such as disposal of driving vehicles, etc., the fact that there is no specific punishment force other than the punishment imposed once due to drinking driving in 2017, there is a family member to support, and the defendant's age, character and behavior, environment, background of the crime, degree of blood alcohol level, driving distance, means and result, etc., the sentence imposed by the court below is too unreasonable.

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 Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of all the sentencing conditions as examined in the determination of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined in light of the overall sentencing conditions as examined in the judgment.

참조조문

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