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(영문) 부산지방법원 동부지원 2018.12.13 2018고단1965
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2018, at around 17:00, the Defendant driven BM5 car under the influence of alcohol concentration of about 0.222% in the front of the 500-meter road of the lock cafeteria in front of the lock cafeteria located in the Southern-gu Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, the report of the situation of the driver under the influence of alcohol, the investigation report (report on the situation of the driver under the influence of alcohol), the copy of the register using the measuring instrument for drinking alcohol, and the application of the statutes

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant's previous convictions are three times including suspended sentence, and the degree of his primary punishment is very heavy.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the same criminal record is before 10 years from the case.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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