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(영문) 부산지방법원 동부지원 2017.04.27 2017고단140
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

On October 18, 2013, the Defendant was issued a summary order of KRW 9 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch, and on June 22, 2012, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch.

피고인은 2017. 1. 10. 22:45 경 혈 중 알콜 농도 0.078% 의 술에 취한 상태로, 부산 해운대구 우동 해운대기계 공고 앞 길에서부터 같은 동 아쿠아 팰리스 앞 길까지 100미터 상당을 B 스타 랙스 승합차를 운전하여 2회 이상 음주 운전을 한 사람이 다시 술에 취한 상태에서 자동차 등을 운전하였다.

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. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant's main record of sentencing is not less light, and that the defendant can have the same criminal record.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.

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