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(영문) 부산지방법원 동부지원 2018.05.24 2018고단566

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 August 8, 2014, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act on two or more occasions by having been sentenced to a fine of one million won due to a violation of the Road Traffic Act in the Busan District Court, and a fine of four million won due to a violation of the Road Traffic Act in the Busan District Court on November 7, 2017.

On January 3, 2018, the Defendant driven a 0.123% alcohol level in blood without a motor engine device bicycle driver's license on January 23, 2018, while driving B 124cc amb, and proceeded about 2 km from the front of the Busan Metropolitan City hotel to the middle distance in Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of alcohol alcohol or a statement in the circumstances of the driver's license during blood;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to an inquiry letter, such as criminal history, and a report on the result of confirmation before and after disposition;

1. Driving under the influence of alcohol after a violation of relevant provisions of the Act on the Traffic of Roads on the grounds of the crime: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Taking lectures and community service orders under Article 62-2 of the Criminal Act;