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(영문) 부산지방법원 2018.01.25 2017고단5654

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

[criminal history] On October 12, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Busan District Court, and on June 18, 2013, issued a summary order of KRW 1,50,000 as a fine for the same crime at the Dong Branch of the Busan District Court.

[2] Although the Defendant had at least twice the record of the violation of drinking driving, on November 15, 2017, at around 23:05, the Defendant driven a car with C low alcohol level at approximately 0.187% alcohol level in the section of about 3km from the public parking lot for the Nowon-gu Busan Metropolitan City Nowon-gu to the front road at the time of Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of the driver involved in driving, a response to a request for appraisal on blood collection, and an inquiry about the results of crackdown on drinking driving;

1. Records of the judgment: Application of an inquiry letter, such as criminal history, (A) and an investigation report (Attachment to a summary order) by statutes;

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 that the Defendant committed the instant crime even though his previous offense of violating the Road Traffic Act (a quasi-driving) was committed two times, as shown in the records of the instant crime, and the Defendant committed the instant crime at the time of the instant case, but the degree of the Defendant’s principal offender was very serious, but the Defendant was able

In addition to the above criminal records, the defendant has been punished by a fine of 1995 and only one time.

The punishment as ordered shall be determined in consideration of all such circumstances, the age, character and conduct, environment, etc. of the defendant and the conditions of sentencing as shown in the trial process.