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(영문) 부산지방법원 2019.01.18 2018고단4435

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 13, 2018, around 23:15, the Defendant driven a car at Dbenz(S) 350% under the influence of alcohol level 0.226% from the section of approximately 600 meters to the front day of D’C’, a main station located in the Namdo-gu Busan Metropolitan City, the Namdo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application of Acts and subordinate statutes to the Acts and subordinate statutes, such as inquiry into the results of the drinking driving control, the report on the circumstantial statement of a driver, the report on the situation of a driver with a driving driving, the register of driver's licenses, the register of vehicle driving licenses, the inspection report (number 11, 14, 17), the internal investigation report (number 13), and each photograph/video output (including closed-circuit

1. Relevant legal provisions concerning the facts constituting an offense and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is ① The Defendant was found to have driven while under the influence of alcohol in 200 and was found to have been sentenced to a fine of KRW 700,000 for the crime of violating the Road Traffic Act on October 13, 200. ② The Defendant was found to have been under the influence of alcohol in 2002, while driving under the influence of alcohol in 0.14%, and was sentenced to a fine of KRW 1.5 million in this court on June 8, 2002. ③ The Defendant appeared to have been sentenced to a fine of KRW 1.5 million in this case on October 24, 2012, and was found to have been under the influence of alcohol in 0.189%, and was found to have been sentenced to a fine of KRW 300,000 after being sentenced to a fine of KRW 300,00,000.