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(영문) 부산지방법원 2017.09.27 2017고단3705

도로교통법위반(음주운전)

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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 11, 2014, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Busan District Court, and KRW 2 million as the same crime in the same court on June 21, 201, respectively.

On June 23, 2017, the Defendant driven a E-car from the front side of the Defendant’s house located in Busan Shipping Daegu D to the front day of the maintenance of Heungdong located in the Geum-gu, Busan, from the front side of the house to the front day of the maintenance of Heung-dong, while under the influence of alcohol content of 0.080% during blood transfusion around 06:23, 2017.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driven under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective facts and no record of punishment exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;