(영문) 광주지방법원 2020.01.16 2019노2712 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.01.16 2019노2712

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 decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the social risk of the crime of drunk driving in light of the judgment, it is necessary to strictly punish the crime of repeated drinking, and the defendant has already been punished three times or more as stated in the records of the crime record in the judgment of the court below, and one time among them, the defendant is a suspended execution period according to the judgment that was sentenced to the same crime and was sentenced to the same crime, but the defendant was committed on June 25, 2019 on which the amended Road Traffic Act enforced on December 24, 2018, and the crime of this case was committed on June 25, 2019, and the crime of this case is not sufficient to be punished, and the risk of repeating the crime of this case is likely to be high.

On the other hand, the fact that the Defendant recognized the instant crime and reflected, the odometer was shorter than 100 meters, and there are some other circumstances to consider the developments leading to the instant crime.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

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

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

참조조문

유사 판례

-광주지방법원 2020.02.06 2019노2180

-부산지방법원 2019.09.26 2019노2075

-광주지방법원 2019.10.31 2019노2181

-광주지방법원 2020.02.20 2019고단5338

-광주지방법원 2019.09.05 2019고단2595