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(영문) 부산지방법원 동부지원 2018.10.04 2018고단1364

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to 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 May 9, 2008, the defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (drinking driving), at the Busan District Court on June 9, 2008, a fine of 1.5 million won for a violation of the Road Traffic Act (dacting driving) at the Busan District Court on June 9, 2008, and on July 21, 2008, for a violation of the Road Traffic Act (dacting driving) at the Busan District Court on July 21, 2008.

On June 28, 2018, the Defendant, who was punished on two or more occasions due to drinking driving, driven a 700-meter distance from "Yewalk" to "Yewalkn" in Busan, Busan, Busan, under the influence of alcohol level of 0.083% during blood transfusion at around 21:51, and driven a 700-meter distance from "Sewalkn" to the front day of the Sung-dong middle school located in Nam-dong, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the situations of the driver at home), and report on the results of regulating the driving of drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reports on the results of confirmation of the previous convictions in each disposition, and application of each statute;

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. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is very heavy for the defendant to take the main sentence of sentencing, and three times including a suspended sentence for the same criminal record to the defendant is disadvantageous.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

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.