(영문) 부산지방법원 동부지원 2016.06.15 2016고단633

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(영문) 부산지방법원 동부지원 2016.06.15 2016고단633

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2007, the defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Busan District Court on July 6, 2007 and a fine of 2 million won for the same crime at the same court on July 29, 2009.

On April 21, 2016, the Defendant driven a BM3 vehicle at a distance of about 5 kilometers from the front side of the main road to the front side of the middle school located in the same Gu and located in the same Gu, in the state of the influence concentration of 0.185% among the blood transfusion around 03:40 on April 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances in which the following sentencing is considered) is not somewhat weak, and the fact that the defendant has the same criminal records as the defendant two times, etc. is disadvantageous.

However, the fact that the defendant's facts charged are seriously against the defendant, that the defendant is waiting for a long-time proxy engineer, that the defendant seems to have lost the nature of the defendant's vehicle and to have driven the vehicle on the horse, and that the defendant has no criminal record except for two fines.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. 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 제53조

-형법 제55조 제1항 제3호

-형법 제62조 제1항

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