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(영문) 부산지방법원 동부지원 2017.07.13 2017고단744

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 5, 2017, around 02:18, the Defendant driven B I 30 cars while under the influence of alcohol content 0.217% at a distance of about 300 meters from the roads near the beach of the Shipping Team located in Busan High-dong, Busan, to the roads in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to inquiries about the results of crackdown on the driving of alcohol, reports on the circumstances of the driver of alcohol, response to requests for appraisal, statements on alcohol during blood, and reports on the detection of the driver of alcohol;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 in the case of the defendant's main taking of sentencing, and the defendant's criminal records are two times the same criminal records are 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.