beta
(영문) 부산지방법원 2016.07.20 2016고단2774

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 28, 2007, the Defendant issued a summary order of one million won or more as a crime of violating the Road Traffic Act at the Busan District Court, on April 21, 2010, a summary order of 2.5 million won or more as a crime of violating the Road Traffic Act at the Busan District Court on April 21, 201, and on September 30, 2013, a fine of 5 million won or more as a crime of violating the Road Traffic Act at the Busan District Court on September 30, 2013.

On March 18, 2016, the Defendant driven a Bsch Rexton car at around 0.083 percent alcohol concentration among blood transfusion around 19:50 percent from around 19:0 on March 18, 2016 to about 1 kilometer in front of the printing path located in the Busan Scongdong-dong to the same (ju) a day in front of the printing path located in the Busan Scongdong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

1. Selection of an alternative imprisonment with prison labor (in many cases, taking into account the fact that a number of previous crimes are involved, and the driving of the instant drinking causes a traffic accident);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that there is no criminal record of the same kind exceeding a fine, the fact that the crime is recognized and the fact that the mistake is repented in depth);