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(영문) 부산지방법원 2018.07.25 2018고단1908

도로교통법위반(음주운전)

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1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2018, the Defendant, while under the influence of alcohol leveling approximately 0.22% among blood alcohol leveling around 23:17, driving a new-based motor vehicle B, and driving approximately 100 meters on the front side of the pen located in the Gangseo-gu Busan Metropolitan City, to the front road of the public parking lot located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

2. Inquiries about the results of crackdown on drinking driving;

3. Application of the statutes of the response request for appraisal;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than one year and six months;

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

This case is that the defendant drives a vehicle while under the influence of 0.22% alcohol level in blood at the heart, the nature and circumstances of the crime are not good, and the drinking value is very high.

Such crimes are highly likely to undermine the safety of road traffic and cause traffic accidents.

Furthermore, the defendant seems to have been punished for drinking driving two times even before.

However, there are more favorable circumstances such as the fact that the defendant recognizes his crime and repents the wrong, and that there is no record of punishment heavier than the fine.

The above points and other circumstances, such as the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.