beta
(영문) 부산지방법원 서부지원 2018.01.10 2017고단1595

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On May 3, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on August 10, 2017, a summary order of KRW 3 million for the same crime from the Busan District Court Seo branch branch.

[Criminal facts] On September 2, 2017, around 22:27, the Defendant driven C Karen car under the influence of alcohol content of about 0.087% in a section of about 1km from the Do in front of a restaurant cafeteria in the Myanmar-dong, Seo-gu, Busan to the front of the village in the same Dong from the Do to the village in the same Dong without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on drinking, and the driver's license register;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and a copy of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., the violation of any provision of Articles 53 and 55 (1) 3 of the Act, and the absence of any record of punishment exceeding the fine for the last ten years);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;