(영문) 광주지방법원 2020.04.28 2020노318 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.04.28 2020노318

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and four months) of the lower court is too unreasonable.

2. Determination is that the Defendant had a previous record of drunk driving three times, among which, the Defendant had a previous record of the suspended sentence, the Defendant committed the instant crime during the suspended sentence, and that the blood alcohol concentration (0.141%) at the time of the instant crime is relatively high, etc. are factors for sentencing unfavorable to the Defendant.

However, the defendant recognized the crime of this case, the defendant appears to have been from the singing shop with a substitute driver, but due to dispute, etc., the substitute driver left the building where the defendant directly singing shop and parked the vehicle at the entrance of the underground parking lot in the neighboring building, which is not included in the facts charged.

For a period exceeding 2 hours and 40 minutes from then, the Defendant was driving a vehicle at a 10-meter speed to drive the vehicle for a vehicle that is willing to move in an underground parking lot, and the circumstance may be considered as having led to the instant crime. The sentencing factors favorable to the Defendant are the factors for sentencing.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 of the Road Traffic Act concerning criminal facts;

참조조문

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