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(영문) 부산지방법원 동부지원 2018.05.17 2018고단477
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a B carren car.

On November 15, 2017, the Defendant driven approximately 10 meters from the front road of the Busan Shipping Daegu District, while under the influence of alcohol level of 0.206% among the blood transfusions around 23:30 on November 15, 2017, but driving approximately 10 meters from the front road of the parking lot in Busan Shipping Daegu District to the front road of the same Dong-dong Hong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, reporting on the circumstances of the driver under driving of alcohol, reporting on alcohol alcohol during blood, and applying statutes to reports on the detection of the driver under driving of alcohol;

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);

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 significant in the defendant's main sentence for sentencing, and the defendant may have the same criminal record as the defendant one time of suspended execution, etc. at a disadvantage.

However, it is favorable for the defendant to recognize the facts charged and reflect it, and the distance of the defendant's driving is very difficult.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. of this case 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.

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