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(영문) 부산지방법원 동부지원 2017.10.26 2017고단1821

도로교통법위반(음주운전)등

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 23, 2007, the Defendant issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving), a violation of the Road Traffic Act (drinking driving), and a fine of KRW 7 million as a crime of violating the Road Traffic Act at the Seoul Central District Court on September 17, 2015.

Around 00:20 on August 13, 2017, the Defendant driven B benz automobiles under the influence of alcohol content of about 500 meters from the section of approximately 500 meters from the road near the shipping beach located in Busan metropolitan Daegu to the port located in the same Dong, to the port located in the U.S. located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, the statement of the situation of the driver under the influence of alcohol, investigation report (report on the situation of the driver under the influence of alcohol), the circumstantial report on driving without a license, and the ledger of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is an unfavorable condition, such as the driving of drinking without a license, the crime is not bad, the defendant has five criminal records for the same kind of crime, and the degree of the defendant's taking away is not minor.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the sentencing conditions in the trial process of this case, such as the defendant's age, sex, environment, means and result of the crime, etc., are integrated.