(영문) 부산지방법원 2019.01.11 2018노3661 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.01.11 2018노3661

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years of suspended sentence for one year) of the lower court is deemed to be too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant had already been punished by a fine three times for the same kind of crime (driving) is not only a person driving a motor vehicle but also a person driving a motor vehicle again, but also a person driving a motor vehicle without a license even though he/she was prosecuted for the foregoing crime and pending trial, and that the blood alcohol concentration (0.230%) is considerably high is disadvantageous.

However, it is reasonable to take into account the following circumstances: (a) the Defendant not only recognized all of the instant crimes; (b) the Defendant’s life in custody for a period of about one month is against his/her own criminal act while living; (c) the Defendant has the same criminal record; (d) the Defendant has no criminal record exceeding the fine, (e) the distance of drinking driving (2m) is relatively short; (d) the Defendant’s intention not to repeat again while disposing of the vehicle driven by him/her; and (e) the Defendant’s family and his/her will not repeat again; and (e) the Defendant’s family and his/her will to keep the Defendant leading.

The court below determined the punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions that may be particularly considered in the trial.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the offense, the lower court’s sentencing is deemed reasonable, and it does not seem unreasonable because it goes beyond the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is not accepted.

3. The appeal by the prosecutor of conclusion is with merit.

참조판례

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

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