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(영문) 부산지방법원 서부지원 2018.11.13 2018고단1387

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On December 5, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on December 5, 2007, and was sentenced to a fine of KRW 7 million for the same crime at the Changwon District Court on March 7, 2008 and was sentenced to a fine of KRW 7 million at least twice.

[2] On July 8, 2018, around 01:13, the Defendant driven B K9 automobiles under the influence of alcohol with approximately 150 meters alcohol concentration from around 150 meters from the Do in front of the Samsledong of Busan, Busan, to the road of 1546-1, as it was in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and investigation report; and

1. Inquiries about the results of crackdown on driving drinking, and field photographs;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 62-2(1) of the Criminal Act is that the defendant was sentenced three times to a fine due to drinking driving, and the defendant's attitude and attitude immediately after the driving of drinking is controlled is the circumstances unfavorable to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflects, the fact that the defendant again does not drive drinking, and there is no previous conviction for the defendant who has been punished in excess of a fine, and the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, etc., the sentence identical to the order shall be determined.

It is so decided as per Disposition for the above reasons.