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(영문) 부산지방법원 2018.02.22 2017고단6055
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 May 27, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and on November 16, 2017, the Defendant was indicted for a violation of the Road Traffic Act in Busan District Court and continued trial (the summary order of KRW 2,00,000 was issued on February 2, 2018), and Article 44(1) of the Road Traffic Act was violated at least twice.

On November 21, 2017, around 23:20, the Defendant driven a D Sspo-type car with alcohol content of 0.158% from the 3km section from the Southern-dong, Busan-do to the 148-ro, Busan-do, Young-gu, Busan-do to the 148-do, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The actual survey report on traffic accidents, and photographs of each damaged material;

1. Previous convictions in the judgment: (A) a written reply to inquiry, such as criminal history, reporting on the result of confirmation of previous convictions of the disposition, one copy of the indictment, investigation report (Attachment of a copy of the summary order before such end convictions and the summary order), - A copy of the summary order issued approximately 698 high-ranking order in Busan District Court Decision 2014, apply to

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 reason for sentencing under Article 62(1) of the Criminal Act on November 12, 2017, when the Defendant was under the control of driving alcohol on November 12, 2017, the Defendant committed the instant crime only 10 days, and the Defendant committed the instant crime at the time of the instant case, the Defendant was considerably under the influence of driving alcohol, and the Defendant was making an accident while driving alcohol, etc.: Provided, That the Defendant has a high risk of danger due to the instant case, such as: (a) the Defendant reflects the Defendant in depth; (b) the Defendant was only the previous offense indicated in the judgment; (c) the Defendant was the person having the previous offense; and (d) the Defendant’s age, character and conduct,

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