(영문) 대전지방법원 2018.12.19 2018노2827 | 리걸엔진

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(영문) 대전지방법원 2018.12.19 2018노2827

도로교통법위반(음주측정거부)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The judgment driving is an offense that may infringe on the life and body of the citizens using the road as well as the driver, and thus requires strict punishment. The Defendant repeated an offense related to drinking and non-licenseing despite the fact that the Defendant had been punished several times due to drinking driving, and committed the instant offense without being aware of during the suspension period of the execution of the same drinking driving, and the Defendant driven a vehicle while driving the vehicle under the influence of driving the vehicle in the Han-do on the road.

However, in light of the circumstances favorable to the defendant, such as the defendant's time to commit a crime, the defendant has no record of criminal punishment exceeding the suspended sentence, the two cases of the defendant's driving prior to drinking alcohol was punished in 2003 and 2004, and for which considerable time has elapsed from that time, the suspended sentence for six months can be revoked after the judgment becomes final and conclusive, and the defendant's surrounding persons appeal and guide their wife, and other sentencing conditions as shown in the records and changes theory of this case, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc., it is judged that the sentence imposed by the court below is unfair because it is 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 reversed and it is again decided as follows

【Inasmuch as the facts constituting a crime and the summary of evidence recognized by the court are as stated in the corresponding column of the judgment below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 of the same Act concerning facts constituting an offense.

유사 판례

-대구지방법원 김천지원 2015.01.15 2014고단1315

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