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(영문) 부산지방법원 동부지원 2017.12.07 2017고단1929
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 26, 2015, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law at the Ulsan District Court, and on January 13, 2016, a summary order of KRW 6 million for the same crime at the same court.

[2] On September 3, 2017, the Defendant was under the influence of alcohol level of 0.071% during blood transfusion on September 3, 2017, and was driving Jone Starsch in the 2km section from the front of the Defendant’s residence located in the Busan Suwon-gu, to the Busan Suwon-ro training course of about 16, 315, 315.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of driving are as follows: (a) in light of the fact that the Defendant had three times of drinking prior to the instant case (in particular, since 2015, the Defendant was found to have been driven by drinking each year); and (b) the Defendant’s statement in the investigative agency, etc., it appears that the Defendant seems to have considerably lack of the awareness of drinking driving; (c) the Defendant once driving the instant drinking without being a person during the period of suspension of the execution; and (d) the Defendant once driving the instant drinking without being a person during the current period of suspension of the execution,

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