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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1234
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2006, the defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's Dong branch branch on September 2, 2006, and a fine of one million and five million won for a crime of violating the Road Traffic Act (drinking driving) in the same court on October 8, 2007.

On June 17, 2017, while under the influence of alcohol level of 0.115% among the blood transfusions around 06:10, the Defendant driven approximately 300 meters from the day before the plane captain in front of the Gain apartment apartment in the Busan-gun, Busan-gun, to the road in front of the plane captain's police station located in the same day on the day.

Accordingly, the Defendant, who was punished twice or more due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, investigation report (the details of receipt of drinking), investigation report (the circumstances of the driver under driving under drinking), and a statement of the circumstances of the driver under driving under driving under drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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's main record of sentencing is not less light, and that the defendant can have the same criminal record.

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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