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(영문) 부산지방법원 동부지원 2018.11.30 2017고단1067

도로교통법위반(음주운전)등

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 December 15, 2008, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking) in the Busan District Court's Dong Branch's branch's branch's branch's order on March 6, 2012, a fine of 2.5 million won for a crime of violating the Road Traffic Act (drinking). On November 4, 2015, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (drinking) in the Busan District Court's branch's branch's branch's support.

On January 4, 2017, at around 22:43, the Defendant driven a C-wing truck with alcohol level 0.138% while under the influence of alcohol level 0.138% while under the influence of alcohol level from around the 4km road in the south-gu Busan Metropolitan City to the front road in the Do-dong of the Do-dong in Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver who is placed in driving, the ledger of driver's license, inquiry about criminal history, and investigation report (the fact that the suspect is under probation period and the record of punishment for driving drinking

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

1. Taking into account the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the order to observe and attend lectures and the order to provide community service order shall be sentenced to the punishment of the defendant.

However, considering the fact that the long-term detention of the defendant is likely to bring about excessive difficulty to the parents of the elderly who are being supported by the defendant, and that the defendant's living in custody for a certain period of time is seriously against his/her mistake, the suspension of execution imposing a considerable time of volunteer service shall be imposed only once.

The economic situation of the defendant, the means of committing the crime, and