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(영문) 부산지방법원 동부지원 2018.01.25 2017고단2034

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On December 7, 2007, the Defendant was issued a summary order of 2.5 million won for a crime of violating road traffic law (drinking) at the Busan District Court's Dong Branch, and on October 2, 2014, a fine of 5 million won for a crime of violating road traffic law at the Busan District Court's Busan District Court.

[2] On August 27, 2017, the Defendant was under the influence of alcohol level of 0.079% during blood transfusion around 03:40 on August 27, 2017, and driven a DNA SM5 vehicle from the front side of the well-fluent road located in Busan Shipping Daegu Do to the intersection of the same town village.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the defendant has a majority of the criminal records of the same offense for the reason of sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures (in addition to the drinking driving, there are many persons with no license driving skills): Provided, That the fact that there is no criminal records exceeding the fine, confession