(영문) 광주지방법원 2020.09.24 2019노2698 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.09.24 2019노2698

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 15 million) is too unhued and unreasonable.

2. Determination

A. 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). B.

The lower court sentenced the Defendant to a punishment by taking into account the circumstances favorable to the Defendant, such as: (a) the Defendant had already been punished two times or more; (b) the Defendant was sentenced to a suspended sentence for one year of imprisonment due to fraud, etc.; (c) the Defendant committed the instant crime despite being sentenced to a suspended sentence for two years; (d) there was no record of punishment exceeding the fine due to a drunk driving; (c) the Defendant’s records of driving under the influence of alcohol have been relatively old; (d) the Defendant had no record of being punished due to a drunk driving since 2008; (e) the blood alcohol level at the time of the instant drunk driving is relatively low; (e) the blood alcohol level at the time of the instant drunk driving is relatively short; (e) the Defendant was seriously against the Defendant; and (e) the Defendant is going to not drive under the influence of alcohol again; and (e) the number of the Defendant’s many persons complaining against the Defendant’s wife; and (e) the previous criminal records are not the same before the suspended sentence.

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and in light of the Defendant’s age, character and conduct, motive of the crime, circumstances after the crime, etc., the court below’s punishment is too unfeasible and it does not seem to have exceeded the reasonable scope of discretion, even in light of the factors revealed in the proceedings of the instant case.

Therefore, prosecutor's argument cannot be accepted.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

참조판례

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

유사 판례

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