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(영문) 부산지방법원 동부지원 2017.06.22 2017고단53
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 December 29, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on December 29, 201, and KRW 5 million for the same crime at the same court on April 6, 2012.

On December 8, 2016, the Defendant driven around 0.110% alcohol level among the blood transfusion around 21:15, the Defendant driven approximately 5 km B Art 5km to the roads in front of the Southern-gu Residential Center located in the Southern-dong, Busan-gu, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the circumstances of driving at home, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 community service order and the fact that the defendant's main record of sentencing is not less than that of the defendant, and that the defendant has two identical criminal records, etc. are disadvantageous.

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 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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