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(영문) 부산지방법원 동부지원 2017.11.30 2017고단2248
도로교통법위반(음주운전)
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

[criminal history] On April 29, 2010, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic law (drinking driving) at the Busan District Court’s branch branch branch on April 29, 201, and a fine of three million won for a violation of road traffic law (drinking driving) at the Cheongju District Court on May 31, 201.

[2] On August 18, 2017, under the influence of alcohol content of 00:50% in blood, the Defendant driven a 2km B km car from the front of the mutual influent restaurant located in the Busan metropolitan Daegu metropolitan-dong to the front of the route in the same Gu and located in the same Gu, under the influence of alcohol content of 0.136% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the crackdown on driving drinking, a circumstantial report on the driver involved, and a response to a request for appraisal;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of a summary order of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the 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 suspended execution;

1. Comprehensively taking account of the following factors: (a) the Defendant confessions and reflects the reasons for sentencing under Article 62-2 of the Criminal Act; (b) the amount of drinking alcohol is considerably high; (c) the Defendant has the past five-time drinking driving and four-timeless driving skills; and (d) other various reasons for sentencing indicated in the instant case, the sentence is rendered as ordered.

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