(영문) 창원지방법원 2016.03.17 2015노3091 | 리걸엔진

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(영문) 창원지방법원 2016.03.17 2015노3091

도로교통법위반(음주운전)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The court below's scope of the judgment of this court is guilty of driving without a license for drinking alcohol among the facts charged in the instant case, and dismissed the prosecution on the charge of assault. Since only the prosecutor appealeds the guilty part and the dismissed part of the judgment of the court below becomes final and conclusive as it is, the judgment of this court is limited to the guilty part of the

2. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

3. However, the circumstances favorable to the defendant include the fact that the defendant led to the confession and reflect of the facts of the crime of this case, and that the victim does not want the punishment against the defendant by the defendant's unanimous agreement with the victim.

However, the Defendant was sentenced to imprisonment with labor for 10 months for a violation of the Punishment of Violences, etc. Act in 198, 10 months for a violation of the Punishment of Violences, etc. Act in 199, 2 years for a violation of the Punishment of Gambling, Violence, etc. Act, and 3 million won for a violation of the Road Traffic Act during the probation period. However, each of the crimes was sentenced to imprisonment with labor for 8 months for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act, 2008, and 2 years for a non-licensed driving, injury, or assault during the probation period. However, the Defendant had been sentenced to imprisonment with labor for 8 months for a violation of the Act on the Punishment of Violences, etc., and had been sentenced to a fine for 3 million won for a non-licensed driving during the probation period, and had not yet been sentenced to a fine for a non-licensed driving again during the probation period.

In addition, even though it was agreed with the victim, the defendant caused a traffic accident during driving without a license for drinking in this case.

Therefore, it is necessary.

참조조문

-교통사고처리 특례법

-폭력행위 등 처벌에 관한 법률

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