(영문) 의정부지방법원 2019.02.14 2018노3469

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.02.14 2018노3469

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment of the driving under the influence of alcohol is an offense that may cause damage not only to the life, body, or property of another person but also to the life, body, or property of another person and need to be punished strictly.

The Defendant was sentenced to a fine or a suspended sentence of imprisonment with prison labor for six times or more due to drunk driving, but again committed the instant crime.

At the time of crime, the blood alcohol concentration of the defendant was considerably high by 0.167%.

Considering the above circumstances, it is necessary to punish the defendant with severe punishment corresponding to his criminal liability.

However, in full view of the fact that the defendant is led to confession and reflect, that the defendant is expected not to drive again, that the defendant has scrapped his vehicle, that there is no criminal conviction yet, and that there is no criminal punishment, and all other sentencing conditions in the process of the record and trial of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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