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(영문) 부산지방법원 2018.05.24 2018고단573

도로교통법위반(음주운전)

Text

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

[2] On August 22, 2011, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and on July 4, 2012, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (no license) and a violation of the Road Traffic Act (no license).

[2] On February 2, 2018, around 05:30 on February 2, 2018, the Defendant driven a Cystren vehicle under the influence of alcohol with approximately 3km alcohol concentration of about 0.075% from a section of approximately 3km from the road adjacent to his residence in the Busan Geum-gu, Geum-gu, Busan to the road prior to the maintenance of the Heung-dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of the driver at the main driver, investigation report (report on the situation of the driver at the main driver), investigation report (Attachment, etc. to the driver's license register);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (refence twice the drinking history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da

1. Article 62(1) of the Criminal Act of the suspended execution (the following factors are stated as the grounds for sentencing, etc.)

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation requires strict measures to regard the Defendant again committed the instant crime despite the fact that the Defendant had committed two or more violations of the prohibition of drinking driving regulations. However, the new wall was discovered at the same time as the previous one, and was found to be in the crackdown on drinking, and the degree of alcohol concentration during blood was not high, and the Defendant was in depth divided his mistake, and there is entirely a history of criminal punishment after 2012.