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(영문) 부산지방법원 동부지원 2018.03.22 2018고단78
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 14, 2017, the Defendant driven C vehicles within approximately 1.5 kilometers in the section of approximately 1.5 kilometers in the direction of 100 meters in the direction of 100 meters in the Busan-gun’s Articles of Incorporation from the mother Park in the Busan-gun’s Articles of Incorporation to the point of 0.236% in alcohol content during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the traffic accident report (1) and the investigation report (2) (2) and the investigation report (2) (2) and the investigation report (2) (2) shall be accompanied by the statement of the circumstances of the driver in charge

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. An order to attend a lecture or order to attend a lecture under Article 62-2 of the Criminal Act has a very significant degree of the defendant's main working in sentencing, the defendant was issued a summary order of KRW 5 million for a fine of KRW 2 million due to a violation of road traffic laws at the Busan District Court on May 10, 200, and a fine of KRW 3 million due to a violation of road traffic laws at the Busan District Court's Dong Branch Branch on April 30, 200, and on November 26, 2009, a fine of KRW 1 million due to a violation of road traffic laws at the Busan District Court's Dong Branch on November 26, 2009, and a violation of road traffic laws at the Busan District Court's Dong Branch on June 16, 2010.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it, and that the defendant has no record of being punished for the same crime since 2010.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. of this case 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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