beta
(영문) 부산지방법원 2019.10.25 2019고단4212

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 30, 2017, the defendant was notified of a summary order of a fine of one million won by the Busan District Court for the crime of violation of the Road Traffic Act.

On September 1, 2019, at around 02:40, the Defendant driven DM3 vehicles under the influence of alcohol concentration of about 0.053% from the section of approximately 8 KK from the roads of the Sogsan-dong, Busan to the roads in front of C in Busan Dong-gu.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records of judgment: Investigation reports, criminal records, etc. inquiry reports, and the application of Acts and subordinate statutes to report the results of confirmation of the previous records and previous records of disposition;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In view of the fact that the Defendant, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, committed the instant crime even though he/she had been punished for the same kind of crime, the Defendant’s responsibility for the crime is not somewhat weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant commits a mistake, the age, character and conduct of the defendant, and various conditions of sentencing shown in the trial, such as the environment.