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(영문) 부산지방법원 2016.07.15 2016고단2128
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2016, the Defendant driven B Poter truck at a section of about 200 meters from the Do in front of the Busan East-dong salt at a level of about 0.138% alcohol concentration among blood transfusions at around 00:07.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Although there was a record of six times of criminal punishment due to the driving of a normal drinking disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act, the crime of this case was committed in the state of repeated drinking, in view of the fact that there was a record of criminal punishment due to a large number of traffic-related laws and regulations, and that the driving distance is recognized as a favorable mistake and reflects the fact that there is no record of criminal punishment since April 2007, the driving distance is not long, and the Defendant’s age, sex behavior, environment, circumstances leading to the crime, and the circumstances after the crime is determined as above by comprehensively considering the following factors.

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