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(영문) 부산지방법원 2017.02.24 2016고단7513

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 April 14, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and on May 7, 2014, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

On November 8, 2016, the Defendant driven B rocketing car from around 0.186% of alcohol concentration in the blood transfusion around 03:20 on the roads near Ssamdong in Busan-dong, Busan-dong to the same lot from around 50 meters to the roads front of the hotel.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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. Although there was a history of two times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), the crime of this case was committed in the state of Maternity, which recognized mistake and reflects the fact that there is no record of criminal punishment exceeding the fine, and other factors, such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined as ordered by comprehensively taking into account.