beta
(영문) 부산지방법원 2016.10.20 2016고단5019

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal power] On April 1, 2010, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch on December 12, 2012; the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court on December 12, 2012; and on January 22, 2013, the Defendant was issued a summary order of KRW 1.5 million by the same court on January 22, 2013.

【Criminal Facts】

On July 24, 2016, the Defendant driven B car from a distance of about 2 km to the roads adjacent to the Southern-si Highway of the Republic of Korea to the roads adjacent to the same Singu City-gu Highway of the Republic of Korea, while under the influence of alcohol of 0.071% of blood alcohol concentration on July 24, 2016.

Accordingly, the defendant violated the prohibition of drinking driving twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

4. Taking into account the fact that an order to attend a lecture has no record of imprisonment without prison labor or heavier punishment for the reason of sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., and that