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(영문) 부산지방법원 동부지원 2018.05.16 2018고단303

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on May 3, 2007, and a fine of four million won for a violation of the Road Traffic Act at the Busan District Court on October 10, 2007, and a fine of seven million won for a violation of the Road Traffic Act at the Dong branch of the Busan District Court on April 10, 2015, and on November 4, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a violation of the Road Traffic Act.

On January 20, 2018, while under the influence of alcohol content of 0.096% among blood transfusions, the Defendant driven Crocketing car from around 300 meters at a distance of about 300 meters from the front of the “Meat Emt” road No. 39, Nam-gu, Busan to the parking lot of Samsung C&W-ro No. 62, 39, e.g., 39.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on the detection of drivers working at the main place, a report on the circumstances of drivers working at the main place, a report on investigation (report on the circumstances of drivers working at the main place), a reply to inquiry, such as criminal history, and a report on investigation (Attachment to

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

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

1. In light of the reasons for sentencing of Article 62-2 of the Criminal Act, the defendant should be punished by strict punishment when setting the defendant into the same criminal records of the defendant for the observation of protection, order to attend lectures, and order to provide community service.

However, a thorough examination of the defendant's attitude from the investigative agency to this court shows that the defendant seriously reflects his mistake.

In other words, the defendant's belief that he/she does not drive drinking and the defendant's last opportunity shall not be given (the defendant's family environment also has been taken into account): Provided, That the defendant's family environment has also been partially taken into account.