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(영문) 부산지방법원 서부지원 2018.01.11 2017고단1351
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 January 2, 2009, the Defendant was issued a summary order of KRW 700,000,000 for a fine for a violation of road traffic laws in the Changwon District Court's Tongwon District Court's Tong-gu branch on January 2, 200, and a summary order of KRW 4 million for a crime, such as a violation of road traffic laws, at the Busan District Court's Busan District Court's Busan District Court's Busan District Court'

On August 15, 2017, the Defendant driven a B-learning car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.067% from a 50-meter section 800 meters away from the Do in front of a restaurant for the State of B-Wed B-Wed, Gowon-gu, Jinwon-si, Jinwon-si, Busan, to the new metal front road located in Gangseo-gu, Gangseo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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. 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. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant again went to commit the instant crime even though he/she was punished twice due to drinking driving, and the Defendant was sentenced to a fine, which makes it difficult to achieve the purpose of punishment. In addition, considering the fact that the Defendant appears to reflect on the Defendant’s attitude, the execution of the sentence shall be suspended at once, taking into account the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime.

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