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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1151
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 9, 2009, the Defendant received 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's Busan District Court's branch on January 29, 201 and received a summary order of KRW 8 million for a crime of violating the Road Traffic Act (drinking) at the Busan District Court's branch on January 29, 2014, respectively, and made four criminal records of the same kind.

[2] Although the Defendant had been punished twice or more due to drinking, the Defendant driven a vehicle with C low alcohol level of about 0.060% in a section of about 6km from May 24, 2017 to the front road of the Busan-gun, Busan-gun, Busan-gun, Busan-gun, and the front road of the gas charging station at the same time, which was under the influence of alcohol level of about 0.060%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (report on attachment of the same type of summary order) and application of the statutes governing summary orders;

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. 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant has a large number of records of violating traffic laws, such as driving of four times in the past and driving without obtaining three-time licenses; (b) the distance driven by driving of the instant drinking driving is relatively long distance; (c) the driving of a vehicle while driving on the road in the principal place was relatively long distance; and (d) the risk was considerable due to stopping and diving the vehicle; and (e) the all other factors of sentencing indicated in

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