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(영문) 부산지방법원 동부지원 2014.06.11 2014고단588
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 22, 2008, the Defendant was sentenced to two months of imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's on February 15, 2012, and two or more times of violation of Article 44 (1) of the Road Traffic Act, such as imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Dong Branch on February 15, 2012. However, on March 23:24, 2014, the Defendant was driving a Chppop vehicle under the influence of alcohol concentration of about 600 meters from the 60-meter section to the roads near the Nam-gu Seoul District Court's Nam-dong, where the trade name in the Busan District Court's Jeonpo-dong cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of inquiry reports and written judgments (to the Busan District Court and the Dong Branch of the District Court, to the Busan District Court and the 2008No969) shall be made;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Considering the fact that the defendant again committed the instant crime even though he/she had a previous conviction in several times of sentencing under Article 62-2 of the Social Service Order Criminal Act, strict punishment against the defendant is required.

However, the defendant's mistake in depth is not re-offending again while committing the crime in this case. The blood alcohol concentration at the time of the crime in this case was not significantly high, the defendant is the most responsible for raising his wife and his children as the most responsible, the defendant is also sentenced to community service order along with the suspended execution of imprisonment, and the defendant's age, character and behavior and environment, motive, means and consequence of the crime in this case, and the conditions of sentencing specified in the argument in this case, such as the circumstances after the crime, etc., shall be determined as the sentence as ordered.

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