beta
(영문) 부산지방법원 2016.10.12 2016고단4825

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 26, 2013, the Defendant was issued a summary order of a fine of two million won by the Busan District Court for the crime of violation of the Road Traffic Act, and on April 27, 2016, the Defendant was sentenced to a suspended sentence of two million won by imprisonment with prison labor for the same crime, etc. in the same court on April 27, 2016, and was sentenced to a suspended sentence of two years by the same court on May 5, 2016.

around 23:40 on August 20, 2016, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol twice or more, driven a B SP car under the influence of alcohol content of 0.11% without a vehicle driver’s license in a section of approximately 200 meters from the public parking lot located in the Dong-dong, Busan Metropolitan City to the same hot spring-dong department store located in the same Gu, and driving the B SP car without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Application of the Act and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (Attachment to the same type of judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant recognized the crime and reflects the depth of the crime, and even considering the circumstances of the crime alleged by the defendant, considering the circumstances of the crime, it is inevitable to sentence the defendant as to the crime of non-exclusive driving under the influence of alcohol again during the period of suspended execution for which the defendant was sentenced to a suspended sentence, which led to the crime of non-exclusive driving under the influence of alcohol, and whose drinking level

In addition, in consideration of the age, character and conduct, intelligence and environment of the accused, motive and means of the crime, etc., the sentence identical to the order shall be sentenced in the same manner as the sentencing is imposed.