beta
(영문) 부산지방법원 동부지원 2018.10.18 2018고단1347

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2013, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking) at the Busan District Court’s Dong Branch Branch, and on April 25, 2014, with a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking) at the Busan District Court’s Dong Branch Branch.

Although the Defendant had two alcohol driving skills, the Defendant driven B ASEAN A6 vehicle at the 1km section from the back of Busan Man-gu Man-dong punune to the middle-dong and middle-dong roads located in the same Gu, while under the influence of alcohol level of 0.094% during blood transfusion on May 17, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant had two previous convictions in the same way, etc. is disadvantageous.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.