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(영문) 부산지방법원 동부지원 2017.11.08 2017고단2027
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 201, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the Ulsan District Court on May 16, 201, and KRW 1.5 million for a crime of violating the Road Traffic Act (dacting) at the same court on June 30, 201.

On September 20, 2017, while under the influence of alcohol content 0.113% among blood transfusions, the Defendant driven a car with B low-water level from around 600 meters in the section of approximately 600 meters to the front road in front of the new network convalescent hospital in Busan-gun, Busan-gun, U.S., the U.S. captain-gun, from the roads in which the trade name in the U.S., the U.S. captain-gun, U.S., the U.K., on the roads in front of the new network convalescent hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business and investigation report (report on the investigation into blood collection appraisal);

1. Previous conviction: Inquiry about criminal history, investigation report (verification of suspect's history of driving alcohol), and application of two copies of summary order Acts and subordinate statutes;

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 can have a criminal record for the reason of sentencing, and that the defendant's primary record is not less severe than that of the defendant, etc.

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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