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(영문) 부산지방법원 동부지원 2017.08.09 2017고단1090
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 1, 2008, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act (drinking driving), and a summary order of two million won or more as a crime of violating the Road Traffic Act (drinking driving) in the same court on March 7, 201, respectively.

Although the Defendant had been punished twice or more due to drinking driving, on May 21, 2017, at around 03:30, the Defendant driven a B-II freezing vehicle with approximately 50 meters alcohol concentration of 0.164% from the front side of the Cregnish-gu Busan Metropolitan City Center to the front side of the career apartment equipped in the same Dong from May 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of the driver involved, response to a request for appraisal, and a statement of alcohol alcohol during blood;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the attachment of a copy of the same summary order) and application of each text of the summary order to the Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the defendant, and the driving distance of the defendant is not very long.

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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