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(영문) 부산지방법원 2017.04.26 2017고단207

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 August 20, 2010, the Defendant issued a summary order of a fine of 2.5 million won to a crime of violating the Road Traffic Act at the Busan District Court on August 20, 201, and on March 8, 2011, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with labor for a crime of violating the Road Traffic Act (dacting driving) at the same court on March 8, 201.

On January 2, 2017, the Defendant was under the influence of alcohol content of 0.115% from blood transfusion around 23:50, the Defendant driven a car with approximately KRW 100 mar C Kincaro from the front day of the city of Seo-gu, Busan to the front day of the city of Seo-gu, Busan to the front day of the Dong forest apartment 102 Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;

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 for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da14498

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

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