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(영문) 부산지방법원 동부지원 2017.06.21 2017고단743
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 21, 2008, the Defendant issued a summary order of 700,000 won to a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on September 21, 2016, at the Ulsan District Court issued a summary order of 3 million won for a violation of the Road Traffic Act (drinking driving), and on August 21, 2016, eight previous criminal records of the same kind were committed. However, on April 11, 2017, the Defendant driven a coo car at B while under the influence of 0.181% alcohol level among blood transfusion was driven on the road at the same Eup located in the Ulsan District Court's Dong-gun, Ulsan-gun, U.S. on April 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous records of judgment: Inquiry about criminal history, investigation report (in cases of attaching a copy of summary order, etc.), copy of each summary order, and application of each statute of judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 crime of this case with the reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is an unfavorable condition, such as driving a motor vehicle under the influence of a driver without a license, and the nature of the crime is not good, the degree of the master of the defendant is not weak, and the defendant has the same criminal records.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the distance of the defendant's driving is not very long.

In addition, the defendant's age, sex, environment, means and results of the crime, circumstances after the crime, etc.

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