beta
(영문) 부산지방법원 서부지원 2018.12.07 2018고단1765

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 2, 2014, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on December 12, 2014, with a fine of KRW 2 million as a crime of violation of the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's District Court's Busan District Court's District

On August 18, 2018, the Defendant driven B Poter under the influence of alcohol with approximately 0.090% alcohol concentration at approximately 1k section from the vicinity of the mutual influorial restaurant located in Gangseo-gu Busan Metropolitan City to the entrance of the family in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that one’s mistake is against his/her depth, the fact that there is no record of a crime exceeding a fine (number of times and intervals of time, etc.), the circumstances leading to the instant crime, the degree of exploitation, the circumstances after the instant crime, social ties, and other factors of sentencing such as the Defendant’s age, sexual conduct, environment, family relationship, etc.) or more under Article 62(1) of the Criminal Act