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(영문) 부산지방법원 2017.11.23 2017고단4527
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 October 10, 2014, the Defendant issued a summary order of a fine of one million won or more for a crime of violating the Traffic Act at the Busan District Court on the road, and on August 18, 2015, a fine of four million won or more for a crime of violating the Traffic Act at the Busan District Court on the road.

On August 27, 2017, at around 00:05, the Defendant driven a B observer car under the influence of alcohol content of about 0.115% from the east-do parking lot in Busan Young-do to the front laund of the laundryhouse in Busan Young-gu, Busan Young-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (a).

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 of the suspended sentence is that the main working level of the defendant was considerably significant at the time of the instant case, that there was an accident involving a vehicle parked while driving alcohol, that was sentenced to a fine due to a crime of violating the Road Traffic Act (non-licensed driving) in addition to the previous conviction in the judgment, there was a history of being sentenced to a fine due to a crime of violating the Road Traffic Act (non-licensed driving), on the other hand, the defendant reflects the crime, that the above violation of the Road Traffic Act (non-licensed driving) was a previous offense in 204, and that other conditions of sentencing as shown in the trial process are all considered.

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