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(영문) 부산지방법원 서부지원 2018.11.13 2018고단1457
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

On July 21, 2018, at around 16:50, the Defendant driven a BB BB-W car (MW) car at approximately 0.239 percent alcohol level in a distance of about 100 meters from the parking lot near the 101 Dong Guardhouse located in Seo-gu, Busan, Seo-gu, Busan, to the parking lot near the 101 Dong Guard.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition, a report on the occurrence of a traffic accident, a report on the detection of a primary driver, and a report on the circumstances of the primary driver;

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

1. Application of Acts and subordinate statutes governing the vehicle photographs of the accident vehicle, and internal photographs of the vehicle;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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 suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is very high, and the traffic danger caused by drinking while driving alcohol is realized, and the defendant's attitude at the time when he/she regulates driving alcohol, and the fact that he/she has been sentenced to a fine once due to drinking alcohol, etc. is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflects, the fact that there is no previous conviction for the defendant who has been punished exceeding a fine, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be

It is so decided as per Disposition for the above reasons.

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