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(영문) 부산지방법원 2018.01.11 2017고단5099

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On July 2, 2008, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Busan District Court and KRW 2.5 million as a fine in the same court on February 12, 2009.

[2] On October 15, 2017, Defendant 1 driven a B-wing car under the influence of alcohol content of approximately 0.126% in the 2km section from the 2km to the front way of the Gyeongsung-dong located in the Seocho-gu Busan Metropolitan City from around 08:10 on October 15, 2017, even though he had a drinking force twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Records of the judgment: The application of any inquiry letter, such as criminal history, (A) and reporting on the result of a previous conviction of the disposition (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is as shown in the records of the crime in the judgment below, and the defendant has been issued two summary orders due to a violation of road traffic laws, and on July 23, 2010, a fine of one million won was issued due to a violation of road traffic laws (unlicensed driving) on the same day. Nevertheless, the defendant committed the crime in this case, and the defendant committed the crime in this case, and the degree of the defendant's principal working at the time was considerably heavy. However, the defendant did not have any criminal records except the above criminal records, nine years after the last driving of drinking, reflects the crime, and reflects the defendant's age, character and conduct, and environment, etc., the punishment shall be determined as per the disposition as ordered in consideration of all the conditions of the sentencing as shown in the trial process.