(영문) 부산지방법원 2018.12.19 2018고단4915

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.12.19 2018고단4915

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On July 15, 2014, the Defendant was punished by a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on July 15, 2014, and on April 27, 2016, the Defendant violated the prohibition of drinking alcohol driving by issuing a summary order of a fine of two million won or more for the same crime at the above court.

Nevertheless, around 06:04 on October 24, 2018, the Defendant driven a car with C mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong from the front of the Defendant's residence in Busan-gu, Busan-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home;

1. As to the results of the investigation (as to the collection of blood);

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

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant, for the reason of sentencing in Article 62-2 of the same Act, was punished three times due to drinking, choose to imprisonment, suspend the execution of the sentence considering the fact that he/she had a previous conviction of a fine, and order the observation of protection as it appears that

In addition, in consideration of all the circumstances such as the amount of alcohol concentration among the blood of this case, the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., it is decided as per the disposition.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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