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(영문) 부산지방법원 2017.02.24 2016고단8464

도로교통법위반(음주운전)

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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

[Power of crime] On October 6, 2003, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the branch of the Busan District Court's Dong Branch, and on July 25, 2008, the Defendant was issued a summary order of KRW 700,000 for a fine for a violation of the Road Traffic Act (dacting driving) at the same court on July 25, 2008, and on February 10, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (dacting driving) at the Busan District Court's Busan District Court's branch branch on May 7, 2012, and was issued a fine of KRW 8 million for a crime of violation of the Road Traffic Act (dacting driving) at the Busan District Court's Dong Branch's branch on the roads in the front of Seo-dong at the distance of KRW 157,000 from Seo-dong in Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the same previous convictions) and Acts and subordinate statutes, such as criminal history;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Although the Defendant committed the instant crime in the state of drinking, even though he/she had been under four times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, there is no record of criminal punishment exceeding the fine, and the Defendant’s age, sex behavior, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc. shall be comprehensively taken into account.