beta
(영문) 부산지방법원 동부지원 2018.09.05 2018고단1195

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2014, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving) in the Busan District Court's Dong branch branch on September 18, 201, and a fine of 2.5 million won for a violation of the Road Traffic Act (drinking driving) in the same court on January 10, 2017.

Although the Defendant had been punished twice or more due to drinking driving, on June 2, 2018, the Defendant driven a B B B B B B B-ri-ri-ri-ri-ri-ri-car car from the Hanyang-dong parking lot located in Busan Soksan-dong, Busan, under the influence of alcohol level of 0.143% during alcohol level at around 05:25 on June 2, 2018, to the roads of the B-ri-ri-ri-ri-ri-ri-ri-si’s articles of incorporation, from the Hanyang-gu, Eupn-gun’

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking, making a statement on the circumstances of the driver under driving under driving under drinking, making an investigation report (report on the circumstances of the driver under driving under driving under drinking), making an inquiry about the criminal records, and applying Acts and subordinate statutes to a criminal report

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, an order to attend a lecture or an order to provide community service order, the Defendant’s criminal records, alcohol concentration level during blood transfusion, Defendant’s age, environment, sexual conduct, the circumstances and result of the instant crime, etc. shall be considered and determined as ordered by taking into account all of the sentencing conditions.