(영문) 부산지방법원 2014.09.05 2014노2090 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산지방법원 2014.09.05 2014노2090

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.

2. The judgment of this case reveals the following facts: each of the crimes of this case is deemed to have been destroyed and damaged by the Defendant’s vehicle parked in a vehicle parked without mandatory insurance under the influence of alcohol 0.16% under the influence of alcohol without a driver’s license. In light of the Defendant’s level of drinking alcohol, the risk of drunk driving, and the result of the occurrence thereof, etc., the issue is not easy; the Defendant does not seem to have an imminent or inevitable circumstance that the Defendant had to drive the vehicle under the influence of alcohol or without a driver’s license; there was a history of criminal punishment on several occasions; in particular, there was a history of criminal punishment for violation of the Road Traffic Act (driving) or a history of criminal punishment for violation of the Road Traffic Act (driving without a driver’s license).

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes, and thus, is against the Defendant’s perception of all of the instant crimes; (b) disposed of Otoba; and (c) again, he/she would not commit the same crime; (c) the degree of damage is relatively minor in the case of the instant violation of the Road Traffic Act; (d) there is no record of criminal punishment other than a fine; and (e) the Defendant’s age, environment, occupation, family relationship; and (e) the circumstances leading to each of the instant crimes; and (e) the circumstances leading to the sentencing indicated in the record, such as the circumstances before and

Therefore, the defendant's assertion is without merit.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of the judgment below.

참조조문

-도로교통법

-형사소송법 제364조 제6항

유사 판례

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