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(영문) 부산지방법원 동부지원 2017.02.08 2016고단2532
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2008, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act at the Busan District Court on April 15, 2008. On January 6, 2010, the same court issued a summary order of two million won or more as a crime of violating the Road Traffic Act (driving), and on August 31, 2010, the same court issued a summary order of two million won or more as a crime of violating the Road Traffic Act (driving).

On December 5, 2016, at around 23:55, the Defendant driven a 2.0 car in the BSha Guro 2.0 car under the influence of alcohol leveling 0.120% from the 5km section to the front road of the village hall at the entrance of the head of the Dong-gun, Busan Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal history and report on investigation (attached reporting, such as a copy of the same type of judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 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 main record of sentencing is not less light, and that the defendant can have the same criminal record.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.

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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