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(영문) 부산지방법원 서부지원 2017.09.20 2017고단920
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On December 2, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court’s Net Branch of Gwangju District Court, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court’s Busan District Court on August 5, 2014.

[ 범죄사실] 피고인은 2017. 7. 30. 08:50 경 부산 사하구 장림동에 있는 상호 불상 주차장 앞 도로에서부터 같은 구 신평동에 있는 ‘ 에너지 네트웍’ 앞 도로에 이르기까지 약 50m 구간에서 혈 중 알콜 농도 0.110% 의 술에 취한 상태로 B 포터 화물차를 운전하였다.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the summary order of the same kind of force attached);

1. Articles 148-2 (1) 1 and 44 (1) of the Criminal Act, the selection of punishment for a crime under relevant Article 148-2 of the Criminal Act, and the 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is not against the nature of the crime, however, considering the fact that the crime of this case is against the nature of the crime, its contents at intervals with the previous punishment history, and the fact that there are family members to support, etc., the punishment shall be determined.

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