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(영문) 부산지방법원 동부지원 2018.02.07 2017고단2520
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 9, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court's Dong Branch, and KRW 2.5 million for the same crime at the same court on January 3, 2011.

On November 24, 2017, the Defendant was under the influence of alcohol content of 0.137% in blood around 00:50 on November 24, 2017, and operated a B-to-land car from around about 3km to the front distance of the agricultural products market by half the same half the road near the Busan Metropolitan Transportation Daegu Habong-dong, Busan Metropolitan City, to the front distance of the agricultural products market.

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;

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

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 Act, including the fact that the Defendant had caused a traffic accident that contacts the taxi at the time of driving the drinking of the instant case, the Defendant’s previous convictions can be used for the same kind of crime, and the Defendant’s main driving level is not somewhat weak.

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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