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(영문) 부산지방법원 동부지원 2015.06.04 2015고단67
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 10, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Busan District Court's branch branch court, and on June 9, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

Although the Defendant had been punished twice or more due to drunk driving, at around 00:20 on January 9, 2015, the Defendant driven C Poter truck under the influence of alcohol with approximately 500 meters alcohol level 0.114% while under the influence of alcohol level 0.14% without obtaining a driver’s license from “hot spring tank” to the front side of the plane captain located in the 692 military plane captain as of January 9, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under consideration, report on the status of driving under consideration, report on the status of driving under consideration, and report on the results of crackdown on drinking under consideration;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment of criminal records to the same kind of crime);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. Taking into account the following circumstances as the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation, and other factors, such as the Defendant’s age, character and conduct, environment, background leading to the Defendant to the instant crime, circumstance leading to the Defendant’s occurrence of the instant crime, and circumstances before and after the instant crime, even if considering the favorable circumstances of the Defendant, the sentence of sentence is deemed inevitable, and the sentence is determined as above.

The favorable circumstances: The defendant recognized all of the crimes of this case and said that he would not repeat again.

The defendant has a father's relationship that should be supported by the defendant, and is leading to marriage.

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