(영문) 대전지방법원 2014.03.27 2014노157 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2014.03.27 2014노157

도로교통법위반(무면허운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: although the defendant was sentenced to a fine due to drinking and driving without a license and one-time suspended sentence, even though he had been sentenced to a fine for the same crime, the defendant's blood alcohol content falls under a relatively low level of 0.085%, and the defendant's blood alcohol content falls under a relatively low level of 0.085%, and the defendant's blood alcohol content is deemed not to have committed a second offense during a prison period running up to 3 months, there is no physical and material damage caused by traffic accident in this case, the fact that there is no cause of traffic accident, the fact that the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, crime motive, means and circumstance before and after the crime, the defendant's above assertion is deemed to be unfair since the sentence imposed by the

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each 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 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

참조조문

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제3호

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