(영문) 울산지방법원 2020.04.02 2019노1353 | 리걸엔진

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(영문) 울산지방법원 2020.04.02 2019노1353

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. In addition, considering the fact that the defendant was subject to criminal punishment several times for the same crime, the blood alcohol concentration at the time of the instant case is not high, the defendant's last criminal punishment for the same crime is seven years prior to the date of the instant crime, and the defendant's life in custody for about four months seems to have significantly impaired the importance of criminal punishment, and other factors of sentencing as shown in the record, it is unreasonable to maintain the sentence of the court below against the defendant too much unreasonable.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the preceding);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. The grounds for reversal of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined by taking into account the circumstances revealed in the grounds for reversal of sentencing and the grounds for sentencing, and other various conditions of sentencing specified in the arguments of this case, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime

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