(영문) 부산지방법원 2017.11.30 2017고단4668

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.11.30 2017고단4668

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 26, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and KRW 3.5 million for a fine on November 29, 2012 in the Busan District Court's Dong Branch Branch.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.080% among blood transfusion around 05:45, around September 9, 2017, operated Bran-do car at a section of about 1 km to the front road located in the same Gu and Dong located in the same Gu and Dong in the Gu in the Geum-gu, Busan.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition clause on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reporting (the same type of defendant);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In addition to the previous conviction stated in the judgment of the defendant for the reason of sentencing under Article 62 (1) of the Criminal Act of the suspended sentence, the defendant has been sentenced to a fine of three million won for the crime of violating the Road Traffic Act (refluence of drinking), 1.5 million won for the crime of violating the Road Traffic Act on January 31, 2005, and 1.5 million won for the crime of violating the Road Traffic Act on January 31, 2005. On the other hand, the degree of driving at the time of the instant case was relatively weak, the crime was against the defendant, the fact that the defendant was sentenced to a fine, the fact that the defendant was sentenced to a previous conviction as above, and all other conditions of sentencing as shown in the trial process, such as the age, character

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

-형법 제62조 제1항

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