beta
(영문) 부산지방법원 2016.11.25 2016고단6068

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 29, 2011, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Busan District Court’s branch branch branch, etc. On August 22, 2011, the Defendant was issued a summary order of KRW 2.5 million due to the same crime at the same court on August 22, 2011, and was sentenced to a probation order of KRW 2.5 million on May 22, 2013 at the Daegu District Court’s Branch Branch Branch, and was sentenced to a probation order of two years for the same crime.

On October 6, 2016, the Defendant was under the influence of alcohol of 0.085% in blood alcohol concentration at around 01:05 on October 6, 2016, and the Defendant driven B-Scar car from the public parking lot in the Busan Dong-dong subway Station to the Busan Dong-dong hot Spring department store located in the Busan Dongdong-dong department store.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports;

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. In addition to the punishment history as above, the crime of this case committed in multiple times, even though there was a record of being sentenced to each criminal punishment once due to driving under the influence of alcohol and driving under the Act on Special Cases concerning the Settlement of Drinking and Traffic Accidents at a time, two times due to the normal drunk driving under the conditions unfavorable to the reasons for sentencing, and one time due to the violation of the Act on Special Cases concerning the Handling of Drinking and Traffic Accidents, and one time due to the violation of the Act on Special Cases concerning the Handling of Drinking and Traffic Accidents. In addition, the fact that the crime of this case committed the crime of this case is recognized and against the fact that the level of drinking under the conditions favorable to traffic regulations is less than 0.1% in light of the record of criminal punishment for one time due to driving without a license, the fact that the level of drinking under the conditions favorable to traffic regulations is less than 0.1% in light of the age, character and behavior, environment