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(영문) 부산지방법원 동부지원 2017.04.26 2017고단268

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 23, 2010, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch branch branch, and on June 19, 2012, the Defendant received a summary order of KRW 3 million for the same crime in the same court.

[2] On January 2, 2017, the Defendant driven a BF rocketing car under the influence of alcohol with approximately 100 meters alcohol concentration 0.097% from the 100-meter section before the entrance of Mag apartment to the road next to the above apartment, in around 03:25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous offense: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;