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(영문) 부산지방법원 동부지원 2017.11.30 2017고단2200
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 March 9, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court on March 9, 2016, and on September 5, 2016, the Busan District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

On October 1, 2017, the Defendant driven a B-A6 vehicle from around 100 meters away from the 100-meter section to the movable property house located in the same Dong and located in the B-A6 vehicle under the influence of alcohol concentration of 0.249% among blood transfusion around 01:47.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a report on the situation of the driver under the influence of alcohol, a report on investigation (report on the situation of the driver under the influence of alcohol), a report on the situation of the driver under the influence of alcohol, a response to the request for appraisal, and a report on the detection of the driver under the influence of alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. 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. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is very heavy in terms of the defendant’s main intent for sentencing, and the defendant has two criminal records of the same kind in a short term.

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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