beta
(영문) 부산지방법원 서부지원 2018.08.29 2018고단920

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 October 15, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on February 16, 2010, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's Busan District Court's District Court

On May 10, 2018, while under the influence of alcohol level of 0.111% among blood transfusion around 22:57, the Defendant driven approximately 300 meters of BMW car from the day near the gravel parking lot located in the Southern-gu Busan, Seo-gu, Busan to the day front of a limited pharmacy located in 229, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (a summary indictment related to drinking driving and attaching a summary order), a summary indictment, and the application of statutes of each summary order;

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 reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Act on Social Service and Order to Attending, even though there are several occasions of past convictions, the Defendant again committed the instant crime, such as the fact that the drinking value of the instant case is not so low that the Defendant was aware of the instant crime, and that the Defendant is in depth divided the wrong facts while recognizing the instant crime, and that there is no record of criminal punishment exceeding the fine due to the same type of crime, consideration shall be given in full view of the favorable circumstances such as the fact that there is no record of criminal punishment exceeding the fine due to the same type of crime