(영문) 부산지방법원 동부지원 2020.05.19 2020고단183

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2020.05.19 2020고단183

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

On March 22, 2013, the Defendant issued each summary order of KRW 3 million at the Seoul Eastern District Court as a crime of violation of the Road Traffic Act (driving) and KRW 1.5 million as a fine at the Seoul Central District Court on the 26th day of the same month.

On January 4, 2020, at around 08:35, the Defendant driven a F halog car with approximately 150 meters alcohol level 0.131% under the influence of alcohol level from the front of the “C” road located in Busan Shipping Daegu B to the front of the “E” located in D, the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results of drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of two copies of the summary order-order Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished for drinking driving, re-offending again, and the fact that drinking water was not lower at the time of the instant case is disadvantageous to the defendant.

However, the sentencing conditions indicated in the record, such as the defendant's age, character and conduct, environment, motive or background of the crime, means and method of the crime, contents and result of the crime, etc., shall be determined as follows: (a) the defendant reflects his mistake; (b) there is no criminal history exceeding the fine against the defendant; and (c) the distance of the defendant's drinking driving is relatively short; and (d) the period of the

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