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(영문) 부산지방법원 2015.11.18 2015고단5961

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 18, 2007, the defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's branch court's Busan District Court's on August 28, 2007, a fine of KRW 3 million by a crime of violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court on August 28, 2007, and a fine of KRW 4 million by a crime of violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court on June 30, 2008, respectively, and on September 11, 2015, the above judgment became final and conclusive on September 19, 2015.

On August 23, 2015, at around 10:50, the Defendant driven a B-hurged vehicle with approximately KRW 300 meters alcohol content 0.202% under the influence of alcohol from the section near the water restaurant of the Gupocheon-dong, Busan to the petel road located in the same Gupo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, inquiry into the results of crackdown on drinking driving, and report on the circumstances of a drinking driving;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect, confirmation of separate judgments of the suspect);

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

1. In light of the fact that the defendant, who has been punished several times due to the reasons for the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act, once again drives under influence of alcohol, the blood alcohol concentration at the time of driving under influence of alcohol is very high to 0.202%, the defendant should be punished strictly.

However, the punishment shall be determined by comprehensively considering the fact that drinking driving is discovered in the course of parking at the destination, the fact that it is necessary to consider equity in the case of sentencing simultaneously with the crime for which judgment has become final and conclusive, the age, character and conduct, environment, etc. of the defendant.