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(영문) 부산지방법원 2017.11.09 2017고단2096

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 3, 2017, around 05:43, the Defendant driven a D's trophical car at approximately 7km section from the front day of Suwon-dong, Busan to the front day of the Busan Metropolitan City Forestry Cooperatives, which is located in the Dong-gu, Busan Metropolitan City Forest Association.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Investigation reports, and the application of the statutes governing the table for 112 Reporting and Handling Cases;

1. Relevant legal provisions, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), and the choice of imprisonment with prison labor for criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation of the community service order and the order to provide community service, and the order to attend a lecture, there are many criminal offenses against the defendant, and the defendant has four criminal offenses against the road traffic law due to driving of drinking, non-licensed driving, refusing to measure drinking, etc. only after August 2006, and the degree of the principal offenses at the time of the instant case was considerably significant. However, the defendant reflects the offender's depth, the defendant has been sentenced to a fine after 197, the defendant's age, character and conduct, and environment, etc., and all of the sentencing conditions shown in the trial process shall be determined as the disposition