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(영문) 부산지방법원 동부지원 2019.01.31 2018고단2177
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 11, 2007, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on July 5, 2007, the Busan District Court was sentenced to imprisonment with prison labor for six months, suspension of execution one year, suspension of execution on August 10, 209 by committing a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Busan District Court's Dong branch for six months, suspension of execution two years, suspension of execution two years, and suspension of execution for one year, and suspension of execution for a violation of the Road Traffic Act at the Busan District Court's Dong branch.

On October 24, 2018, under the influence of alcohol at least 0.138%, the Defendant driven a DNA string vehicle at approximately 300 meters away from the mutual influence vehicle located in the Eup of the plane captain of Busan, to the front road of the CResearch Institute located in the Busan, Gun, and the captain of Busan, under the influence of alcohol at around 21:11.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the status of drinking driving, report on the status of drinking drivers, investigation report (report on the status of drinking drivers);

1. Previous records of judgment: Criminal records, references to records, amounts of dispositions, results of confirmation, and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has a total of four times including three times of suspended sentence (in particular, the court applied the same law as this case on January 25, 2013, and has a record of imprisonment with prison labor for one year, two years of suspended sentence, probation, etc.), and the degree of his or her discretionary employment is relatively heavy.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects it, and the distance of the defendant's driving is relatively short.

The age, character and conduct, environment, and crime of the defendant.

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