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(영문) 부산지방법원 2018.12.20 2018고단4827
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 December 10, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 2.5 million for the same crime at the same court on October 8, 2014, respectively.

[2] On September 30, 2018, around 21:52, the Defendant driven B le-car under the influence of alcohol leveling 0.053% of alcohol level from a section of about 2 km from the front road of the 5-dong, Busan, Dong-dong, Busan, to the front road of the same Gu-dong, Busan, the Defendant driven B le-car under the influence of alcohol leveling from around 0.053%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (same convictions and confirmations) and other relevant Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Social Service Order Act and Article 62-2 of the Social Service Order Act in 2013 and 2014, which had been sentenced to a fine due to a violation of the Road Traffic Act due to driving of alcohol in the year of 2013 and 2014, it is necessary to take a strict measure against the Defendant again committing the crime. However, the Defendant has led to the confession of all the crimes and his mistake in depth, and the Defendant has committed a violation of the Act on Special Cases Concerning the Punishment of Violence, etc. in 190 except for the power of violating the Road Traffic Act, and there is only the history of being sentenced to a fine of KRW 10,00,00 as a fine for violating the Act on Special Cases Concerning the Punishment of Violence, etc. in 190

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