(영문) 창원지방법원 2017.10.19 2017노2047 | 리걸엔진

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2017.10.19 2017노2047

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The Defendant was sentenced to imprisonment on August 2, 2013 and was sentenced to two years and six months on November 23, 2015 due to a violation of the Punishment of Violences Act (a habitual group, deadly weapon, etc.) on the part of the Defendant, who was sentenced to three times of punishment due to driving of drinking, etc. (two times of punishment, two times of punishment, and one time of punishment), and the Defendant committed the instant crime even though he was sentenced to three times of fine due to the crime of injury, etc., there is a great need to punish the Defendant strictly, in light of the following: (a) the Defendant was sentenced to imprisonment on August 2, 2013; and (b) the enforcement of the sentence was completed on three occasions; and (c) the Defendant committed the instant crime even if he was sentenced to three times of

However, in full view of the following circumstances: (a) the Defendant recognizes and reflects the instant crime; (b) the criminal record of the said repeated crime is a pro rata crime; and (c) there is no change in the conditions of sentencing compared to the lower court’s judgment; and (d) if the sentencing of the lower court does not go beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); and (b) other circumstances that are the conditions of sentencing specified in the instant records and pleadings, such as the Defendant’s age, environment, sex, motive for the commission of the crime, and circumstances before and after the crime, it cannot be deemed that the lower court’s punishment is unreasonable to the extent that

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

참조조문

-폭력행위 등 처벌에 관한 법률

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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