beta
(영문) 부산지방법원 2017.02.09 2016고단7827

도로교통법위반(음주운전)

Text

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

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

3.

Reasons

Punishment of the crime

On April 10, 2007, the Defendant issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Ulsan District Court, and on December 27, 201, issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Busan District Court on December 27, 201. The Defendant violated the prohibition of driving under the influence of alcohol at least twice under the Road Traffic Act.

On November 26, 2016, the Defendant driven a 4 km B rocketing car from the front line of the mother in the vicinity of the hotel in the Busan East-dong, Busan-dong, Busan-dong, to the front line of the 20,19% alcohol concentration in blood around 04:3 on November 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the 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;

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

3. Article 62 (1) of the Criminal Act (including the fact that there is no past career of imprisonment without prison labor or any heavier punishment, and the fact that it is against the law).

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.