(영문) 부산지방법원 동부지원 2018.07.12 2018고단575

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2018.07.12 2018고단575

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 11, 2007, the Defendant was punished by a fine not exceeding 1.5 million won due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court, and on August 1, 2012, the Defendant was sentenced to a summary order of a fine not exceeding 2 million won in the same court as the same crime, and the Defendant was able to drive alcohol more than twice.

On January 2, 2018, around 03:00, the Defendant was under the influence of alcohol with approximately 0.057% alcohol concentration in the 1km section from around the main station where it is impossible to identify the trade name in the Ma-dong, Busan, Busan, the Ma-dong to the front of the “B-dong,” located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s main period of punishment is not weak, and that the Defendant’s previous convictions are twice the same, etc. are disadvantageous.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it, and the distance of the defendant's driving is very difficult.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. of this case shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

참조조문

-형법 제69조 제2항

-형법 제70조

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