(영문) 춘천지방법원 2018.04.06 2018노177 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.04.06 2018노177

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination is that the Defendant has already been punished four times due to drinking, and each of the crimes of this case is disadvantageous to the Defendant that the Defendant, who was under investigation on October 19, 2017, once driving alcohol, again driving alcohol on November 9, 2017 while being investigated, causes the personal injury. The alcohol concentration in blood at the time of each crime is 0.256%, 0.175% high.

However, it appears that the Defendant recognized each of the crimes in this case and against it, and in the case of the crime on November 9, 2017, it appears that the Defendant was forced to stop when she went to work after drinking alcohol up to the late time for the new wall, the victim's injury is minor, the degree of injury is minor, the vehicle was scrapped after the crime, and the fact that the vehicle was scrapped after the crime, and the fact that there was no criminal record exceeding the fine is favorable to the Defendant.

In full view of the above circumstances and the Defendant’s family relation, age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger to driving) concerning the crime;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (by date.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

-형법 제40조

-형법 제50조

유사 판례

-서울서부지방법원 2016.01.14 2015노1677

-서울남부지방법원 2016.06.16 2016고단925

-춘천지방법원 2018.03.30 2018노64

-청주지방법원 2017.12.08 2017노861

-광주지방법원 2018.08.23 2018노276