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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1240

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 December 7, 2009, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch Branch, and on June 25, 2013, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch Branch, and on September 25, 2013, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch Branch, and the Defendant was driving the B B Poter-fol-fol vehicle.

On May 11, 2017, the Defendant driven a motor vehicle, etc. while under the influence of alcohol by 0.231%, while driving the motor vehicle, etc. by a person who drives the motor vehicle twice or more under the influence of alcohol by driving the motor vehicle, etc. from the front side of the marb restaurant No. 199, Nam-gu, Busan-gu, Busan-do, to the front side of the 132-ro 118, East-gu, the same name, from the front side of the marnb restaurant No. 198.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, investigation report (report on the circumstances of the driver at home), report on the detection of the driver at home, and inquiry into the results of crackdown on driving at home;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the fact that the defendant's main records are heavy, and that the defendant can have the same criminal records, etc. is disadvantageous.

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

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】