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(영문) 부산지방법원 서부지원 2018.05.04 2018고단356
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 September 24, 2004, the defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on September 24, 2004, and on March 4, 2005, the defendant was sentenced to a summary order of a fine of 3.5 million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on March 4, 2005, and had a

On February 21, 2018, the Defendant driven a Category C-II vehicle from the Yongsan-dong in Yongsan-gu, Changwon-si to the upper street in order to drive a approximately 2 kilometer from the Yongsan-gu, Busan Metropolitan City to the front street in the Yongsan-gu, Busan Metropolitan City, under the influence of alcohol content of 0.094% among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has been punished twice by a fine due to drinking driving, but it is difficult to achieve the purpose of punishment due to a fine;

In light of the fact that the defendant appears to be sentenced to imprisonment with prison labor, considering the fact that he/she seems to have a high alcohol concentration in blood and blood, and the defendant appears to have an attitude against his/her will, considering the favorable circumstances that the previous conviction of the fine was more than 10 years, the execution of the sentence shall be suspended only once, taking into account the defendant's age, sex, environment, motive and means of the crime, motive and consequence of the crime, circumstances after the crime, etc.

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