(영문) 부산지방법원 2017.04.13 2017노402 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.04.13 2017노402

도로교통법위반(음주운전)등

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The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence against the Defendant on the summary of the prosecutor’s appeal grounds (the imprisonment of eight months and the suspension of the execution of two years, each of 40 hours in the order of compliance driving and alcohol treatment lectures, and 120 hours in the community service order) is deemed to be too uneasy and unreasonable.

2. The judgment of the court below is that the defendant driven a vehicle without a driver's license while under the influence of alcohol despite the fact that the defendant had been punished twice due to a violation of the Road Traffic Act due to the driving of alcohol, and the crime of this case is serious in light of the contents of the crime, and the defendant has a criminal record of a fine of the same kind once in addition to the above crime history, and thus, the defendant has a previous

However, it is reasonable to respect the sentencing of the Defendant where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the Defendant do not constitute change in circumstances that could change the sentence of the lower court after the judgment of the lower court was rendered, and there is a need to consider equity in the case where the Defendant was tried with the obstruction of the performance of official duties for which the judgment became final and conclusive. The first same kind of fine of the Defendant was previous before 13 years, and our criminal litigation law, which takes the trial-oriented principle and direct attention, has the unique area of the first instance court, and there is no change in the conditions of sentencing and the first instance sentencing does not change in the conditions of sentencing compared with the first instance court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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