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(영문) 부산지방법원 동부지원 2017.04.12 2017고단157
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment 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 June 26, 2008, the Defendant received a summary order of two million won or more as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's Dong Branch, and on May 3, 2016, a summary order of 1.5 million won or more as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's Dong Branch.

On January 18, 2017, around 21:25, the Defendant driven B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident report, the situation report of the driver in charge, and on-site photographs;

1. Previous convictions: Inquiry about criminal history, investigation reports (reports attached to the previous rulings and other copies of the court rulings), copies of each summary order, and application of each statute of the court rulings;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the order of community service order is an unfavorable circumstance, such as the following: (a) the crime of this case is committed while driving a drinking motor vehicle causes a traffic accident that shocks a parked motor vehicle; and (b) the nature of the crime is not good; (c) the degree of the principal taking of the defendant is not easy; and (d) the

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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