(영문) 부산지방법원동부지원 2020.09.23 2020고단1149

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원동부지원 2020.09.23 2020고단1149

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two 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 March 24, 2010, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Busan District Court's branch court's branch court's order on March 24, 2010, and on March 16, 2012, the same court issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

At around 02:40 on April 5, 2020, the Defendant driven an E-high-est car from around 500 meters away from the road front of the Busan Suwon-gu Association, to the front road of the same Suwon-gu, Busan, under the influence of alcohol content of 0.249%.

Summary of Evidence

1. Defendant’s legal statement, report on the state of his driving, report on the state of his driver’s oral statement, notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. The investigation report (number 9);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the part of the defendant is that there are two previous convictions in the judgment, and drinking water is high.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant's mistake is recognized and reflected, the fact that there is no record of punishment other than the previous conviction in the judgment, the background and distance of drinking driving, and all other circumstances revealed in the records and arguments of this case.

참조조문

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