(영문) 부산지방법원 서부지원 2018.06.15 2018고단374

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Reasons

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자간(%)

(영문) 부산지방법원 서부지원 2018.06.15 2018고단374

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

On April 5, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court on April 5, 201, and a fine of two million won for the same crime at the same court on February 12, 2014.

Although the Defendant had been punished on more than two occasions due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven a Cub car in B at around March 4, 2018, while under the influence of about 0.125% of alcohol level in the 2km section from 330 Slick-gu, Busan, Sleep-dong, which was located at the 330 Slick-gu, Busan, and the end of the flow of the 2km-dong, which was located at the bottom of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Observation, etc. of Order to Attend the Republic of Korea: (a) even though the Defendant had a variety of records, the Defendant again committed the instant crime; (b) disadvantageous circumstances such as the fact that the drinking volume of the instant case is relatively high, and the Defendant recognized the instant crime and divided the mistake in depth; and (c) favorable circumstances such as the fact that the Defendant has no record of criminal punishment in excess of the fine; and (d) consider the favorable circumstances such as the fact that the Defendant has no record of criminal punishment in the

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