beta
(영문) 부산지방법원 2016.08.26 2016고단667

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 15, 2009, the Defendant was issued a summary order of a fine of two million won as a crime of violating the Road Traffic Act at the Busan District Court on September 15, 2009, and was sentenced to a suspended sentence of two years on August 21, 2013 by the same court.

On February 16, 2016, while the Defendant was under influence of alcohol content of 0.096% during blood transfusion, the Defendant driven C winging and Cwing winging winging winging winging Vehicle at approximately 300 meters from the Do near the SK apartment at the bottom of Busan SK apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, a copy of the text of the High Court Decision 2013 High Court Decision 2609 High Court, and a copy of the summary order 2009 High Court Decision 32725 High Court Decision;

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

1. Not only has the record of being subject to four times of criminal punishment due to driving under a normal drinking unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 (hereinafter referred to as the following favorable circumstances) of the Criminal Act, but also, in particular, the driving distance is relatively short, and the driving distance is relatively short, taking into account the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, and circumstances after the crime, etc., as a final criminal punishment, which is recognized and against the fact that the instant crime was committed at the time of the lapse of a half year after the expiration of the period of probation.