beta
(영문) 부산지방법원 2017.09.08 2017고단3978

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 26, 2017, the Defendant was sentenced to a fine of KRW 10 million for a crime of violating the Road Traffic Act at the Busan District Court on January 26, 201, and on March 28, 2014, the above court was sentenced to a suspended sentence of two years for the same crime, etc., and was sentenced to a suspended sentence of two or more times for driving under drinking.

On July 28, 2017, at around 02:37, the Defendant driven a C low alcohol vehicle with the alcohol content of at least 0.134% while under the influence of alcohol without obtaining a driver’s license from the front side of a mutually influent restaurant located in the Busan-gu Busan-dong to the front side of the Samsung Bio-life building located in the same Gu-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Although it is against the erroneous recognition of and reflects on the grounds for the sentencing of selective sentence of imprisonment, the crime of this case was committed on June, 2013, other than the criminal records as indicated in the judgment, even though there was a history of criminal punishment of a fine due to drinking driving on drinking, and the punishment of this case is not mitigated in light of the Defendant’s age, sex, environment, background leading to the crime, circumstances after the crime, etc., as a whole, shall be determined as per Disposition by taking into account the following factors into account.