(영문) 광주지방법원 2018.01.31 2017노4450 | 리걸엔진

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(영문) 광주지방법원 2018.01.31 2017노4450

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the crime of this case is not good and that the defendant committed the crime of this case again even though he had a previous conviction in several times, strict punishment against the defendant is needed.

However, the defendant's mistake is divided in depth through the life of confinement for about two months, and when the sentence of imprisonment is finalized after the sentence of imprisonment for the defendant, the defendant's punishment for four months which has been suspended after the suspension of execution is additionally imposed. This appears to have been overly harsh in light of the circumstances of the crime of this case and the nature of the crime of this case, the defendant has no criminal record, the defendant has a family member to support without good health, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, etc., it is recognized that the sentence of the court below against the defendant is too unreasonable. Thus, the above argument by the defendant is reasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

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