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(영문) 부산지방법원 서부지원 2018.11.28 2018고단1603
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2008, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on January 5, 2009, issued a summary order of KRW 1.5 million for the same crime at the same court on January 5, 2009. On October 11, 201, the Defendant was sentenced to imprisonment for four months and one year for suspended execution for the same crime in the same court on October 11, 201, and on January 31, 2013, was sentenced to imprisonment for the same crime at the Busan High Court for eight months or more.

On July 2, 2018, at around 22:10, the Defendant driven a C-T-T-T-W-W-W-W-W-W-W-W-W-W-W-W-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, and written appraisal of alcohol during blood transfusion;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act ( Taking into account all the factors of sentencing, such as the fact that the defendant is divided in depth, interval between the previous criminal records and the previous criminal records, the circumstances leading to the instant crime, the circumstances leading to the instant crime, the recent criminal records, the age of the defendant, sexual behavior, environment, family relationship, social relationship, etc.);

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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