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(영문) 부산지방법원 동부지원 2018.05.17 2018고단509

도로교통법위반(음주운전)

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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 February 12, 2009, the Defendant was sentenced to a fine of KRW 700,00 to a violation of the Road Traffic Act (drinking driving) in the Seosan Branch of the Daejeon District Court on February 12, 2009, and a fine of KRW 1 million to a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on August 11, 201, and was sentenced to a violation of Article 44(1) of the Road Traffic Act at least twice.

On March 25, 2018, the Defendant driven a B rocketing car under the influence of alcohol content of 0.085% during blood in around 21:27, while driving around 0.085%, and driven approximately 2 km from the front of the restaurant in the direction of Busan-gun, Busan-gun to the opening of the village in the direction of the Yancheon-do.

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. Requests for appraisal of alcohol concentration and report on investigation (the result of blood appraisal);

1. Application of replys to inquiries, such as criminal history, and statutes attached to reports on investigation;

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 suspended execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;