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(영문) 부산지방법원 동부지원 2018.02.07 2017고단2474
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 12, 2007, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch branch branch, and KRW 1.5 million for the same crime at the same court on November 19, 2009, and KRW 5 million for the same crime at the same court on July 19, 2013.

[2] Although Defendant 1 had a history of driving alcohol twice or more as above, Defendant 2 driven a vehicle B observer at a section of about 1 km from the front side of the plane captain in the vicinity of the Busan District captain-gun, Busan District, to the front side of the police station of the plane captain in the 692 as he/she had a history of driving alcohol at around 21:1 on November 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of Acts and subordinate statutes to a report (a summary order accompanied by a summary order) as a result of inquiry about criminal history and confirmation of the absence of disposition;

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, etc. is disadvantageous.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

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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