(영문) 광주지방법원 2015.01.15 2014노2807 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.01.15 2014노2807

사문서위조등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is a favorable circumstance that the Defendant seems to have recognized and reflected his mistake at a late time by having his relative G with whom a summary order was issued after being examined on his behalf and disclosing that the Defendant is a drinking driver, and that the distance of drinking driving is only two meters.

On the other hand, it is reasonable that the defendant was punished for the same kind of crime such as drinking driving in 2006 and 2007, each fine for driving without a license in 2008, and a suspended sentence for driving in 2010, and again committed the crime in this case during the suspended sentence period of imprisonment with prison labor for six months on July 17, 2010, which was sentenced to a suspended sentence of 2 years on July 17, 2010, and again committed the crime in this case during the suspended sentence period of 0.122%, the blood alcohol concentration exceeds 0.12%, and furthermore, even though the alcohol control was discovered, the crime was very poor, such as instigating the above G to make a false statement at the police station to conceal the fact of driving under the influence of alcohol, and thereby causing considerable hindrance to the strict exercise of the criminal justice authority, such as the confirmation of a summary order against G, etc.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances and consequence of the instant crime, etc., all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, it is recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.

참조조문

-형사소송법 제364조 제4항

유사 판례

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