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(영문) 부산지방법원 동부지원 2016.11.29 2016고단1918
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong Branch Branch, and on October 23, 2012, a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

On August 25, 2016, at around 06:07, the Defendant driven Ckn motor vehicle with a blood alcohol concentration of about 0.218% from a section of about 1km to the front road of the plane captain station located in the same Gun from the front of the Busan-gun, Busan-gun, to the front road of the plane captain police station in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of criminal records of the same kind) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances and the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to commit the instant crime, and the circumstances before and after the instant crime, etc. shall be determined as ordered by taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.

D. Unfavorable circumstances: The defendant's crime of this case is highly likely to be criticized without being subject to criminal punishment twice for the same crime.

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

The defendant recognized the crime of this case.

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

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