(영문) 창원지방법원 2020.09.17 2020노1626 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2020.09.17 2020노1626

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is an unfavorable condition to the Defendant, even though he/she had been punished several times by imprisonment with prison labor due to drinking driving, even though he/she had been subject to punishment.

However, in full view of the following factors: (a) the Defendant’s mistake, such as disposal of vehicles, etc.; (b) the Defendant did not have any history of being punished in excess of the suspension of the execution of imprisonment; and (c) the crime of final drinking driving was committed in 2014; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime; (b) the blood alcohol concentration level; (c) driving distance; and (d) the circumstances after the crime, etc., the sentence imposed by the lower

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. In light of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions examined in the judgment under Article 53 and 55(2) of the Criminal Act shall be determined as per Disposition.

참조조문

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