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(영문) 부산지방법원 2018.01.11 2017고단5195
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

[criminal records] The Defendant stated in the indictment on February 15, 201 as “ February 15, 2017.” However, this is obvious that it is a clerical error, and thus, is corrected as above.

Busan District Court was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and on December 23, 2013, sentenced to a fine of KRW 4 million for the same crime in the same court.

[2] On October 2, 2017, the Defendant: (a) committed a crime of violation of the Road Traffic Act on at least two occasions; (b) driven B K5 cars while under the influence of alcohol leveling about 0.074% at the 2km section from the department store to the front road of the competent public security center located in the same Gu and located in the Busan-gu Busan-dong, Busan-dong; (c) around October 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver under driving (A), and inquiry of the results of crackdown on the driving of drinking (A);

1. Records of the judgment: A written inquiry about criminal history, etc. (A) and the application of summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasons for sentencing under Article 62(1) of the Criminal Act in the suspension of execution are as shown in the records of the crime in the judgment below, the defendant has already committed two criminal offenses in violation of the Road Traffic Act (driving without a license) on November 17, 201. Meanwhile, the defendant reflects the crime, and the defendant did not take the principal action at the time of the instant case, and the defendant's age, character and conduct, environment, etc., and all of the sentencing conditions as shown in the trial process are determined as ordered.

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