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(영문) 부산지방법원 동부지원 2017.11.08 2017고단2019
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving), KRW 4 million for a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on January 28, 2008, KRW 2.5 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on July 22, 2010, and KRW 2.5 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on September 4, 2017, while under the influence of liquor of KRW 0.078% for blood alcohol during the influence of alcohol at around 0.0 meters from the front day of a restaurant to the front day of a restaurant at the Busan District Court on July 22, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the 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 has a criminal record of the same kind, etc. is disadvantageous.

However, there are more favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, that the state of the defendant's taking is very heavy, and that the defendant does not have any criminal record exceeding the fine.

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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