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(영문) 부산지방법원 2015.04.24 2015고단502

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 4, 2012, the Defendant was sentenced to a suspended sentence of 8 months at the Busan District Court for a violation of the Road Traffic Act, etc., and on November 17, 2014, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act in the Busan District Court's Dong Branch Support.

On October 16, 2014, at around 07:41, the Defendant driven a M car with a blood alcohol concentration of about 0.093% from a section of about 7 km from the same Sindong-dong, Sindong-dong, Sindong-dong, Sindong-dong, to the day on which the day off which the day off which the alcohol level is 0.093%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Before judgment: References to criminal records (B) and application of Acts and subordinate statutes to criminal investigation reports (Attachment to judgment);

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;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was sentenced to six months of imprisonment with prison labor for the crime of injury on June 19, 2014 at the Busan District Court and two years of suspended execution, which became final and conclusive on June 27, 2014. The defendant committed the instant crime during the suspended execution period, and the defendant was sentenced to a fine on one occasion after driving under the above suspended execution even before the instant crime was committed.

Nevertheless, the Defendant was driving under the influence of alcohol in the instant case without any reflective nature.

Therefore, the sentence on the defendant is inevitable.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant commits a mistake, the degree of drinking alcohol, and all other circumstances, such as the age, family relationship, health status, environment, etc. of the defendant.