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(영문) 부산지방법원 서부지원 2017.12.07 2017고단1243
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 October 2, 2006, the defendant was sentenced to a summary order of 500,000 won for the crime of violating the Road Traffic Act (drinking driving), on the 24th of the same month to a fine of 2 million won for the same crime in Busan District Court, and on April 16, 2008, the defendant was sentenced to a summary order of 50,000 won for the same crime in Busan District Court. On April 16, 2008, the defendant was sentenced to a suspended sentence of 6 months for 2 months or more for the crime of violating the Road Traffic Act (drinking drinking),

On August 30, 2017, around 15:40, the Defendant driven B K3 cars while under the influence of alcohol content of about 0.062% from the 4km to the 3rd Do-ro 61 Do-ro, Busan, Northern-ro, 61 Do-ro, 25, as the same Do-ro, to the 291 Do-ro Do-ro Do-dong, the Defendant driven B K3 cars with approximately 0.062% alcohol content in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of crackdown on driving under drinking;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant, who was sentenced twice to a fine due to drinking driving, the refusal of drinking alcohol measurement, and one-time suspended sentence due to driving without a license, went to the instant crime, should be punished strictly.

However, in light of the fact that the above suspended sentence was almost ten years prior to the above suspended sentence, the fact that the alcohol content in the blood was not significantly high, the circumstances favorable to the defendant's age, sex, environment, motive and means of crime, and the result of crime, the circumstances after the crime were committed, etc., the last sentence is to be decided in favor of the defendant, and it is so decided as per Disposition.

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