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(영문) 부산지방법원 2018.04.26 2018고단149
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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 January 26, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the Busan District Court's Dong Branch, and on November 26, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in Busan District Court. On July 20, 2016, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act in the Busan District Court's Dong Branch.

[2] On December 25, 2017, the Defendant driven C Lastren car at approximately 90km from the Gyeongnam-gu to the front road of Geumdong-gu, Busan, under the influence of alcohol which is about 0.141% of alcohol during blood around 22:40 on December 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on drinking, reports on the situation of the driver making a drinking, ledger of driver's licenses, response to requests for appraisal of physical blood, and inquiries about the results of crackdown on drinking driving (blood collection);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation are divided into his/her errors, but the sentencing as ordered by the disposition, considering the fact that the defendant again commits the crime even though he/she had a number of criminal records of the same kind of crime.

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