(영문) 광주지방법원 2015.06.09 2014노2126 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.06.09 2014노2126

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In full view of the facts that the Defendant driven under the blood alcohol concentration of 0.206% and that there was a history of four times punishment due to drunk driving, the lower court’s punishment is too uneasible and unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 70(1) and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014) for the detention of a workhouse;

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered in consideration of the following factors: (a) the elements of unfavorable sentencing, such as the fact that the defendant drives a vehicle with blood alcohol level of 0.206%; and (b) the fact that the defendant has been punished four times due to drunk driving; (c) the defendant divorced with his wife and supports three children; (d) the defendant appears to lose his workplace if the defendant is sentenced to imprisonment without prison labor or heavier punishment; (d) the defendant’s disposal of the vehicle; and (e) other favorable sentencing factors such as the defendant’s age, character and conduct, character and environment, motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the records and arguments of this case, including the circumstances after the crime, etc.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

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