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(영문) 부산지방법원 2017.11.28 2017고단5071
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 10, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on December 21, 2012, the Defendant was sentenced to a summary order of KRW 2 million for the same crime at the same court, and on January 18, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Busan District Court.

On September 17, 2017, at around 22:15, the Defendant driven a tri-type car under the influence of alcohol concentration of 0.114% from the front of the Busan Dong-dong to the front of the Pungdong-gu Pungdong-gu, Busan for about 5km from the front of the Pungdong-gu to the front of the Pungnam-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The grounds for sentencing under Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act are recognized and reflected, and there is no record of criminal punishment for a considerable period of time after driving the last drinking. However, even though there was a history of criminal punishment for three times due to drinking driving, the crime of this case is not less easily established in the state of constant drinking, considering the defendant's age, sex, environment, circumstances leading to the crime, circumstances leading to the crime, etc., as a whole, and the sentence is determined as ordered.

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