beta
(영문) 부산지방법원 2013.12.11 2013고단6274

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 21, 2011, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of 2.5 million won or more for a violation of the Road Traffic Act at the Busan District Court on March 21, 201, and a summary order of 1.5 million won or more for the same crime at the same court on August 1, 2013.

On September 2, 2013, the Defendant driven at around 23:00 and around 0.125% of blood alcohol concentration, and the Defendant driven a two-way car with 1km from the vicinity of the Jukcheon-dong in Busan Northern-dong to the apartment of the apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to the unused report on disposition and the result of confirmation;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;