beta
(영문) 부산지방법원동부지원 2020.08.26 2020고단690

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On October 7, 2015, the Defendant was sentenced to a summary order of a fine of KRW 3 million at the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

On March 22, 2020, at around 03:42, the Defendant driven a Bnicper car at a section of about 25 K m from the front of the packing end to the Young River located in Busan Shipping Daegu, on which the trade name in Yangsan-si cannot be known, while under the influence of alcohol at 0.136% of blood alcohol level.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding survey report, a fact-finding statement of a master driver, and a report on detection of a master driver;

1. On-site photographs;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant with the same kind of power once, and the drinking water of this case is high and the distance of drinking driving is also reasonable.

However, the above identical power is in the year 2015 and there is no criminal punishment thereafter, the defendant reflects the fact that the defendant, and all other circumstances revealed in the records and arguments of this case shall be determined as ordered by a comprehensive consideration.