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(영문) 부산지방법원 동부지원 2018.06.20 2018고단759
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for not less than one year and six 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 February 5, 2008, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic laws in the Daegu District Court Kimcheon-cheon, which was sentenced to a fine of KRW 2 million due to a violation of road traffic laws (driving) in the same court on April 12, 201, and a fine of KRW 7 million due to a violation of road traffic laws (driving) in the same court on July 12, 2013.

[Criminal facts] On April 11, 2018, the Defendant: (a) parked on the road in front of the Yancheon-gu Busan Seaside Market Center at around 0.262% alcohol level in the influence of alcohol during blood on April 11, 2018; and (b) driven BF rocketing vehicles within a distance of approximately two meters.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report of each traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: Application of the Acts and subordinate statutes of inquiry and investigation reports (Attachment to the same type of force), such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment of this case is determined as ordered, considering all of the sentencing conditions, including drinking values, driving distance, accident occurrence, confession, etc., inasmuch as the punishment of a fine has been imposed several times for the same kind of crime with the same reason for sentencing under Article 62-2 of the Criminal Act, since the crime of this case was committed again, the punishment of this case has been committed.

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