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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1121
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 November 7, 2014, the Defendant was issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong branch branch on November 7, 2014, and on May 13, 2015, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong branch branch.

On February 12, 2017, the Defendant driven around 06:57, while under the influence of alcohol content of 0.138% during blood, the Defendant driven approximately 2km B A6-A-6 car volume with approximately 2km up to the 3rd distance in front of the Busan High Sea, Busan High Sea, Busan High Sea, Busan High Sea, and the same west.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on quasi-driving and statement in the circumstances of driving at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a summary order and attachment of judgment) Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the fact that the defendant's main record of sentencing is not less than that of the defendant, and that the defendant has two identical criminal records, etc. are disadvantageous.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

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