beta
(영문) 울산지방법원 2019.06.27 2019고단1304

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 June 28, 2010, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Busan District Court on the same day, and on October 4, 2016, the Defendant was sentenced to a summary order of KRW 1,500,00 as a fine for the same crime at the same court on the same day, and was in violation of the obligation under the Road Traffic Act that may not be driven on two or more occasions under the influence of alcohol.

On March 10, 2019, at around 12:20, the Defendant driven a car under the influence of alcohol level of about 0.063% in the section of about 15 km from the front of the city of Busan to the front of the city of Yangsan-si, the Defendant driven a car under the influence of alcohol level of about 0.063%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. Probation and community service order Article 62-2 of the Criminal Act committed a short period of time and two times the same criminal records and two times of sentencing, which cause traffic accidents, and are heavy.

However, it is decided as per the disposition by taking into account all the sentencing conditions, such as the fact that it is not serious to the degree of being taken, the reflective fact, and driving circumstances.