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(영문) 부산지방법원 동부지원 2017.06.21 2017고단715
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Busan District Court, and KRW 4.5 million as a fine on December 3, 2012 at the Dong Branch of the Busan District Court.

However, around April 8, 2017, the Defendant driven BM5 car under the influence of alcohol content of approximately 0.069% from the section of 2KM to the front road of the oil station located in the vicinity of the same Eup/Myeon from the front of the breakwater adjacent to the breakwater located in the Eup/Eup/Myeon for the captain of Busan, the captain around 17:20 on April 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver in charge, the black stuffed video materials carried out by the vehicle under command, the investigation report (Attachment to the black stuff image materials), the black stuffed video materials CD;

1. Previous convictions indicated in the judgment: Inquiry about criminal history and the application of investigation reports (the confirmation report on the same kind of sound driving power) Acts and subordinate statutes;

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 has two criminal records of the same kind, etc. disadvantageously.

However, it is favorable for the defendant to recognize the facts charged, such as the fact that the defendant is seriously against the defendant, the fact that the state of the defendant's taking is not very serious, and that the defendant has no record of criminal punishment except for two fines.

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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