(영문) 대전지방법원 2013.04.10 2012노2347 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2013.04.10 2012노2347

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court against the Defendant is too unreasonable in light of all the circumstances, including the following: (a) the summary of the grounds for appeal (unfair form of punishment) the circumstance in which the driving of drinking alcohol is conducted; (b) the Defendant is breaking the error in depth; and (c) the primary offender.

2. The crime of this case is a situation unfavorable to the Defendant, such as the Defendant’s driving of Cchip car about about 30 meters while under the influence of alcohol 0.197% of blood alcohol concentration. The fact that the blood alcohol concentration is high, and the drinking driving should be strictly prohibited for the order of road traffic and the safety of traffic passengers.

However, in light of all other circumstances, including the defendant's age, character and environment, background of the crime of this case, circumstances before and after the crime, and the sentencing conditions of this case as shown in the records, the defendant's allegation is unreasonable since it is acknowledged that the sentence imposed by the court below is too unreasonable, considering all the circumstances, considering the defendant's age, character, environment, circumstance of the crime of this case, circumstances before and after the crime, etc., as it is deemed that the defendant's act of driving a vehicle at the entrance of the apartment parking lot was not intended to be illegal from the beginning. The risk of the accident seems to have been relatively low in light of the distance and location of the vehicle to drive about 30 meters from the entrance of the apartment parking lot at the new wall time.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence.

참조조문

-형사소송법 제364조 제6항

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