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(영문) 부산지방법원 동부지원 2015.09.17 2015고단1207
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2015, at around 19:10, the Defendant driven a car of about 20 meters D Alfin while under the influence of alcohol concentration of 0.217% on the front of the C cafeteria located in Busan Shipping Daegu B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the following circumstances in sentencing of Article 62-2 of the Criminal Act for the reasons of sentencing, and other various sentencing conditions as stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence shall be suspended only once more than that of the Defendant’s imprisonment with prison labor and is isolated from society, but it is reasonable to order the Defendant to provide community service and to take a compliance driving course for a certain period of time, and such sentence shall be determined like the order.

Disadvantageous circumstances: The defendant's criminal punishment for the same crime is not limited, and the defendant again commits the crime of this case, which is highly likely to be subject to criticism.

The defendant seems to have significantly increased the risk of traffic accidents due to the heavy influence of alcohol.

The defendant recognized the crime of this case.

The distance of the defendant driven under the influence of alcohol is relatively short.

There shall be no history of criminal punishment heavier than suspension of qualification.

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