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(영문) 부산지방법원 동부지원 2018.11.01 2018고단1617
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 February 26, 2010, the Defendant issued a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Ulsan District Court on February 26, 201, and a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Busan District Court's branch branch on March 12, 2010.

As above, the Defendant had been punished for drinking more than twice as a person, who was under the influence of alcohol at around 21:38 on August 14, 2018, driven a Fran-man car from the front side of the “C cafeteria” in Busan District captain B to the front side of the “E Park” located in D from around 50 meters to the front side of the “E Park” located in D, while under the influence of alcohol leveling 0.087%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is to take the driving, investigation report (report on the situation of the driver who is to take the driving), inquiry about the results of crackdown on the driving of drinking, and report on the situation of

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, an investigation report (verification of the records of the same drinking as the suspect), and application of two copies of the relevant summary order;

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 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 a criminal record of the same kind four times, etc. is disadvantageous.

However, there are more favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the fact, that the state is very heavy, that the distance of driving is very long, and that the last day of 2010 is the same kind of criminal records.

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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