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(영문) 부산지방법원 2017.12.19 2017고단5655
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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 May 19, 2012, the Defendant was sentenced to a fine of KRW 6 million at the Busan High Court on May 16, 2013, when driving a motor vehicle under the influence of alcohol content 0.207%, while driving a motor vehicle under the influence of alcohol content 0.056% during the re-blood around July 13, 2012.

Although the Defendant had been twice or more of the record of violating drinking driving, on November 8, 2017, around 06:05, the Defendant driven a B food car under the influence of alcohol with approximately 200 meters alcohol concentration of 0.116% from a section of approximately 200 meters from the front side of the Dong Seo-gu, Seo-gu, Busan to the front side of the Dong-dong square.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. Application of investigation reports (limited to previous convictions and attachment of written judgments) and statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Although the reason for sentencing under Article 62(1)(1)(the following favorable circumstances) of the Act on the Suspension of Execution is deemed to have been two times the driving force of drinking alcohol, the crime of this case is deemed to be less and less, but the criminal liability of this case is found to be erroneous, the fact that there is no record of criminal punishment exceeding the fine, the fact that there is no record of criminal punishment exceeding the fine, the defendant's age, sex behavior, environment, circumstances leading to the crime, and the circumstances after the crime, etc., shall be determined as set forth in the order.

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