(영문) 대전지방법원 2020.09.16 2020노2225 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.09.16 2020노2225

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In light of the following: (a) as the court below decided on the grounds of the sentencing, the defendant, who had had a record of criminal punishment several times due to the violation of the Road Traffic Act due to the drunk driving, committed the crime of repeating the crime of this case repeatedly without any reflection even though he had been under the suspension of execution; and (b) the risk of repeating the crime of repeating the crime of this case, and the blood alcohol concentration is also significant, it is necessary to punish the defendant.

However, considering the following factors: (a) the Defendant committed the instant crime at the time of committing the instant crime, the Defendant’s mistake was divided in depth through a prison life with two months later; (b) took into account the circumstances leading up to a drunk driving; and (c) the Defendant’s wife wanted to take the Defendant’s wife against the Defendant; and (d) the Defendant’s age, occupation, character and conduct, family relation, motive, circumstance, means and method of the instant crime; and (e) all of the sentencing conditions specified in the instant records and arguments, including the circumstances after committing the crime, etc., the sentence of the lower court is somewhat unfavorable.

It is rather unreasonable rather than it is too unreasonable.

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following decision shall be rendered once the defendant's appeal is accepted and the judgment of the court below shall not be dismissed

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and

참조조문

-도로교통법

-형사소송법 제364조 제6항

-형사소송법 제369조

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