(영문) 수원지방법원 2017.01.11 2016노7904 | 리걸엔진

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(영문) 수원지방법원 2017.01.11 2016노7904

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

When a person who committed perjury voluntarily surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive (Article 153 of the Criminal Act). The Defendant, on October 7, 2016, prior to the final and conclusive judgment of the lower court as to perjury, led to the confession or remission of the said perjury on the nine-time trial date of the lower court, prior to the final and conclusive judgment of the said offense, the Defendant has to be mitigated or exempted from punishment for the Defendant.

Nevertheless, the judgment of the court below omitted is erroneous in violation of Article 153 of the Criminal Act, which affected the conclusion of the judgment, and the judgment of the court below shall be reversed.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 (1) of the Criminal Act, Article 31 (1) of the Criminal Act, the selection of imprisonment with prison labor for an offense

1. Articles 153 and 55 (1) 3 of the Criminal Act to mitigate confessions (as to the crime of aiding and abetting perjury in the judgment of the court below)

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment are ultimately recognized and against each of the instant crimes.

However, even though the defendant had been punished twice due to drinking driving, he again committed the crime of drinking in this case.

The offense of perjury is committed by the State.

참조조문

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