logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.08.12 2015고단3355
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 21, 2007, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court. On July 25, 2007, the defendant was issued a summary order of KRW 1,500,000 for the same crime with the capital support from the Suwon District Court. On July 18, 2008, the defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 24, 2015, at around 22:45, the Defendant driven B rocketing car under the influence of alcohol with approximately 1 k-m alcohol concentration of about 0.140% from the 1stm section to the 68-11-dong, Dong-dong, 1,000, Dong-dong, Busan, to the west-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driving, inquiry into the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver, and written expert report;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall apply to a person who was sentenced to a suspended sentence for the same crime

1. Order to attend lectures under Article 62-2 of the Criminal Act;

arrow