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(영문) 부산지방법원 동부지원 2017.11.23 2017고단2028
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 9, 2007, the defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's Dong Branch, and on July 10, 2007, the defendant was sentenced to imprisonment of eight months and two years of suspended execution for a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's Dong Branch.

On August 26, 2017, the Defendant driven B Poter truck from around 2 km to the Handong-dong Road located in Busan Metropolitan Government, under the influence of alcohol content of 0.120% from around 05:48, the Defendant driven B Poter truck from around 2km to the Handong-dong Road in Busan Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case for the reason of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of volume is a driving under the influence of alcohol. The crime of this case is disadvantageous to the quality of the crime, the degree of drinking is not weak, the defendant has been punished four times including one time of suspended sentence for the same crime, and the defendant was punished four months on April 29, 2015 by imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc.) at the Busan District Court's branch branch branch of the Busan District Court on April 29, 2015, and the above judgment became final and conclusive on December 15, 2015 of the same year, and committed the crime of this case without being aware of the fact that he/she committed the crime of this case during the period of suspended sentence (from December 15, 2015 to December 14, 2017).

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and results of crime, and circumstances after crime, etc. are revealed in the trial process of this case.

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