(영문) 광주지방법원 2016.04.27 2016노592 | 리걸엔진

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(영문) 광주지방법원 2016.04.27 2016노592

도로교통법위반(음주운전)등

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The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. On December 24, 2014, the Defendant, who was punished for the same crime, committed the instant crime in a more unfavorable manner than twice, and was sentenced to a two-year suspended sentence for six months as a result of the crime of embezzlement on December 24, 2014 and a two-year suspended sentence.

On the other hand, the defendant, from the investigative agency to the trial of the party, has been provokinged to the defendant's criminal act and the mind of the situation. The defendant has been provokinged to have a deep sense of responsibility and reflects his behavior, the defendant's wife also wanted to be punished against the defendant, there is no criminal record who has been punished more than a fine for the same kind of crime, due to driving of drinking and driving without a license, and there is no accident caused by the accident, due to the defendant's family living, and the detention of the defendant is likely to cause a great trouble to his family's living. In this case, if the sentence of imprisonment is finalized upon the sentence of this case, the sentence of suspension of execution for other crimes, not for the same kind of crime, should be invalidated, and it seems to be excessively harsh.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the sentence imposed by the lower court appears to be somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable.

3. Therefore, the court below's decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Criminal facts;

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