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(영문) 부산지방법원 동부지원 2017.03.08 2016고단2325

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2010, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court, and KRW 1.5 million as a crime of violating the Road Traffic Act at the same court on March 8, 2016.

On November 7, 2016, around 21:50, the Defendant driven a Csch Rex motor vehicle under the influence of alcohol level of about 0.179% in the blood alcohol level from the 5km section to the front road of the Songcheon-dong located in the Busan Shipping Daegu Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions indicated in the judgment: Inquiries about criminal history, investigation reports (the confirmation report of the previous history), and application of two copies of the summary order;

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 Social Service Order is that the defendant's main record of sentencing is not less light, and that the defendant can have the same criminal record.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.

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] - No sentencing criteria are set.