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(영문) 부산지방법원 2019.02.01 2018고단5086

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 17, 2009, the defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on December 17, 2013, the Busan District Court issued a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act at the Busan District Court's Busan District Court, and on April 11, 2014, the defendant was sentenced to a suspended sentence of KRW 6 months.

On November 1, 2018, at around 07:13, the Defendant driven a Dlearning car under the influence of alcohol concentration of about 0.19% from the section of about 50 meters from the underground parking lot of the Busan B building to the front side of the Busan B building.

Accordingly, the defendant, who had a driving force on drinking more than twice, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making inquiries into the results of the control of drinking driving ( November 1, 2018);

1. Records before and after judgments: Criminal records, etc., inquiry reports, previous records and reports, each judgment, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The punishment shall be determined as ordered in consideration of all the sentencing conditions, including the fact that a fine of KRW 6 million has been sentenced due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, 2013, in addition to the 3rd punishment records on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the punishment records on discretionary mitigation, and that the blood alcohol content is high, other than the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime.