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(영문) 부산지방법원 서부지원 2018.01.16 2017고단1637
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On July 11, 2006, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving), a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on January 19, 2007, a fine of one million won for a violation of the Road Traffic Act (dacting driving) at the Busan District Court on January 19, 2007, and a fine of three million won for a violation of the Road Traffic Act (dacting driving) on May 16, 2008, respectively.

[Criminal facts] On August 3, 2017, the Defendant driven Bone Star vehicle in a state of alcohol content of about 0.083% in blood, with the road of about 10 kilometers in the direction of the office of rest in Dong-gu from Dong-dong Malarlle to Dong-do Do-si at the bottom of the office of rest in Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the same type of judgment attached thereto) shall be made;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 (see, e.g., the fact that a person appears to recognize and reflect a crime, the fact that there was no record of punishment exceeding a fine, and that social ties are relatively obvious);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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