(영문) 부산지방법원 동부지원 2017.11.15 2017고단1914

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2017.11.15 2017고단1914

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On April 20, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court, and the sentence was finalized on the 28th of the same month.

On July 26, 2017, at around 03:07, the Defendant driven BMW520D automobiles with approximately 50 meters alcohol concentration at approximately 0.157% in blood at the front of the Dominianian, located in the Dominian, Busan Dominian, Daegu Domindong, up to the Dominian road located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the confirmation of crimes during the period of probation);

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s primary taking of the sentencing is not somewhat weak, and that the Defendant repeats the offense during the period of probation.

However, it is favorable for the defendant to recognize the facts charged and reflect seriously, the driving distance of the defendant, the fact that the defendant does not have any previous driving of drinking, the fact that the defendant does not have any previous driving of drinking, and the fact that the defendant raises his wife and her children.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

참조조문

-형법 제69조 제2항

-형법 제70조

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