beta
(영문) 부산지방법원 동부지원 2017.11.08 2017고단1918

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On June 14, 2007, the defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on March 31, 2008, a fine of four million won due to a violation of the Road Traffic Act (drinking driving), etc. at the same court on March 31, 2008, and on May 11, 2009, the defendant was sentenced to imprisonment of six months with prison labor and two years of suspended execution.

On August 16, 2017, under the influence of alcohol level of 0.128 percent in blood around 20:52, the Defendant driven a passenger car with approximately 500 meters a gallon using B gallon from the taxi platform around the taxi platform located in the same Eup/Myeon located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: The application of Acts and subordinate statutes after inquiry about criminal history, and reporting of the previous convictions of each disposition;

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 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s main contents of sentencing are not somewhat weak, and that the Defendant has the same criminal records.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects it, and that the defendant supports his spouse, two children, and old parents with disability.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.