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(영문) 부산지방법원 동부지원 2017.12.13 2017고단1698

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2006, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Dong Branch of the Busan District Court, on June 27, 2008, for a violation of the Road Traffic Act (dacting driving) at the Busan District Court, and on November 28, 2014, for a violation of the Road Traffic Act (dacting driving), and on August 24, 2016, the above judgment became final and conclusive on September 1, 2016, for a violation of the Road Traffic Act (dacting driving).

Meanwhile, the Defendant was sentenced to six months of imprisonment for fraud in Busan District Court’s Dong Branch Branch on August 10, 2017, and the rejection judgment on appeal was pronounced on October 26, 2017 ( Busan District Court Decision 2017No3185). The Defendant filed a final appeal and pending a trial on the final appeal (Supreme Court Decision 2017Do18635). On June 29, 2017, the Defendant was driving a Gsch Rexn car in the state of alcohol content 0.183% alcohol level in alcohol level from the section of about 1km alcohol level to the front day of the city in the south-gu, Busan District Court’s Dong-dong from June 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous offense: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment [the prosecutor's opinion] The two-year imprisonment [the defendant's opinion] imprisonment with prison labor for a period of six months or more, the defendant was under the suspension period of execution due to a different type of crime, and the defendant was going to the crime of this case while a separate criminal trial is pending, the defendant has dependents, the defendant is recognized to be erroneous, and the defendant's age, sex behavior, intelligence and environment, relationship with the victim, motive for the crime.