logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.09.08 2015고단3356
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On January 24, 2007, the defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Busan District Court, and on July 14, 2008, by the same court on July 14, 2008, a summary order of three million won by a fine for a violation of the Road Traffic Act.

At around 22:50 on May 1, 2015, the Defendant driven a B-car under the influence of alcohol concentration of about 0.179% at a section of about 500 meters prior to the same scopical river station in the front of the Gangseo-dong Busan Metropolitan City, Seopo-dong Intersection.

Accordingly, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, inquiry reports, investigation reports (attached to a copy of summary order);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment because the punishment is repeated for the same kind of crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of the accused, circumstances after the commission of the crime, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

arrow