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(영문) 부산지방법원 동부지원 2017.10.11 2017고단1702
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 25, 2010, the Defendant issued a summary order of 1,500,000 won for the crime of violating the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch on May 25, 2010. On July 6, 2012, the Defendant was sentenced to six months of imprisonment for the crime of violating the Road Traffic Act (driving) at the Seoul Southern District Court’s Southern District Court, and two years of suspension of execution. On July 31, 2017, the Defendant driven a vehicle of approximately 1 km B high-class B high-class vehicle from July 3, 2017, while under the influence of alcohol of 0.113% of alcohol during blood while under the influence of alcohol at around 05:05 on July 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of summary order of the same case);

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 is that the defendant's main working period is not less than that of the defendant, and that the defendant can have a criminal record of the same kind.

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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