(영문) 의정부지방법원 2016.07.29 2016노1309

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(영문) 의정부지방법원 2016.07.29 2016노1309

도로교통법위반(음주운전)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The former Road Traffic Act, which is a serious crime that may endanger the life and body of himself/herself and others, has strengthened criminal punishment by raising the statutory penalty for such crime, and has a history of punishment several times due to the same drinking driving. However, even though the period of suspension of execution due to the same kind of crime is still in existence, the fact that there is a high possibility of criticism for the crime of this case, etc. is disadvantageous to the defendant.

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant showed a reflective attitude while recognizing the crime of this case, the risk of traffic accidents caused by drinking driving is not realized, the defendant was found to drive a boom on the following day after drinking alcohol in the preceding night. There are some circumstances to consider the circumstances of the crime. There is a little time to consider the circumstances of the crime, the defendant's family and branch members have been filing a written application to the effect that the defendant's family and branch members appeal against the defendant, and the defendant's age, sex, sex, environment, background and method of the crime, circumstances after the crime, criminal records, criminal records and family relations, etc., and all the circumstances that are conditions for the punishment of this case, such as the defendant's punishment, is unfair.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to 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 summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 of the Road Traffic Act concerning facts constituting a crime

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