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(영문) 부산지방법원 서부지원 2019.01.18 2018고단1441

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2010, the Defendant issued a summary order of KRW 2.5 million at the Changwon District Court as a crime of violation of the Road Traffic Act, and on June 12, 2013, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution at the Busan District Court.

On July 10, 2018, the Defendant driven D1 ton cargo vehicle while under the influence of alcohol of about 0.101% of alcohol content through approximately 200 meters from the front of Gangseo-gu Busan to the front of the same Gu C on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflective attitude, recent same criminal records, etc.);

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act ( Taking into account all sorts of factors of sentencing, such as the fact that the defendant is in depth of mistake, the background leading up to the crime in this case, the details of the same criminal records and the interval of time (the absence of the same criminal records after 2013) between the crimes, circumstances after the crime, the age, character and conduct, environment, health conditions, family relationship, and social ties

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;