(영문) 대구지방법원 2019.05.10 2018노3974 | 리걸엔진

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(영문) 대구지방법원 2019.05.10 2018노3974

도로교통법위반(음주운전)등

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1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 10 million.

3. The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of nine million won (a fine of nine million won) is too unhued and unfair.

2. It is recognized that the defendant recognized all of the crimes of this case and reflected, that the distance of drinking driving is not less than 1km, that the vehicle is scrapped to not repeat again, and that the defendant has no criminal conviction.

However, the defendant has already been punished three times in total due to drinking driving, and the defendant was sentenced to imprisonment on September 2, 2017 with prison labor for six months and two years of suspended sentence. During the suspended sentence, the defendant committed the crime of this case on September 22, 2017. The crime of this case during the suspended execution period, the blood alcohol concentration of the defendant is high to 0.205%, the defendant's blood alcohol concentration is high to 0.205%, the crime of this case is bad to commit the crime of this case, such as getting a child under the influence of alcohol due to the vehicle line, driving at night, etc., and the defendant is in charge of raising young children and running a restaurant business, and the defendant has proved that the stress coming from living alone was resolved as drinking, and it is also recognized that the risk of recidivism is high to the defendant.

In addition, in full view of various circumstances, including the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence, etc., the sentence imposed by the court below is considered to be inappropriate.

However, if the defendant has three children, and if the defendant other than the defendant can raise the above children normally, it seems that other persons than the defendant can raise the above children normally, if the sentence of this case has become final and conclusive, the sentence of six months under the above suspended sentence shall be invalidated and the defendant shall additionally be sentenced to the punishment.

This seems to be very harsh to the children of the defendant, so the defendant will be punished by a fine only once.

3. Conclusion.

유사 판례

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