(영문) 서울북부지방법원 2014.12.17 2014노1265

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(영문) 서울북부지방법원 2014.12.17 2014노1265

도로교통법위반(음주측정거부)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. The crime of this case committed by the Defendant was under the influence of alcohol to the extent that the Defendant was under the influence of alcohol while driving, but failed to comply with the police officer’s measurement without any justifiable reason, and the nature of the crime is not less than that of the Defendant, and there was a record of punishment twice due to the driving under the influence of alcohol, which is disadvantageous to the Defendant.

However, there is no criminal records except that the defendant is punished by a fine in 2001 and 2007, when the defendant is punished by imprisonment without prison labor or more in this case, the defendant is in a situation where he is in the present place of work when he is punished by imprisonment without prison labor or more in this case, and the punishment imposed by the court below is unfair in consideration of the defendant's age, character and environment, motive, means and consequence of the crime, and circumstances after the crime.

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.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

유사 판례

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-부산지방법원 2015.12.24 2015노3367