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(영문) 부산지방법원 동부지원 2016.06.08 2016고단529
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 April 28, 2008, the Defendant was sentenced to a summary order of 1.5 million won or more as a crime of violating the Road Traffic Act at the Busan District Court's Busan District Court's Busan District Court's branch on July 10, 2009, a fine of 2 million won or more as a crime of violating the Road Traffic Act (drinking). On November 2, 201, the Defendant was sentenced to a summary order of 6 months or 2 years of suspension of execution.

피고인은 2016. 3. 29. 19:25 경 혈 중 알코올 농도 0.135% 의 술에 취한 상태로 부산 수영구 광안동에 있는 유토피아 호텔 앞 도로에서부터 부산 해운대구 우동에 있는 WBC 더 팰리스 앞 도로에 이르기까지 약 1km 구간에서 B 봉고 승합차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order (joint imposition of orders to attend a lecture in preparation for the case of recovery of driver's license in the future) is that the defendant's main taking of the sentence is not less light, and that the defendant can have the same criminal records.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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