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(영문) 부산지방법원 2018.04.19 2017고단6302

도로교통법위반(음주운전)등

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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

The Defendant is a person who, on July 17, 2017, commits an act of violating the Traffic Act (drinking driving) on the road (drinking a fine of KRW 5 million on November 3, 2017) and committed the same act on September 13, 2017 (drawing a fine of KRW 5 million on December 5, 2017).

As above, the Defendant violated the provision prohibiting driving of alcohol twice or more, and again, was under the influence of alcohol of 0.115% in blood without a vehicle driver’s license on November 16, 2017, and was driving CM5 cars at approximately 3 km meters in the section of approximately 3 km from the Busan Northern apartment parking lot to the road front of the public parking lot in the Dongdong-dong-dong, Seocheon-dong, Seocheon-dong, Seocheon-dong, Busan.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of a driver driving, inquiry of the results of crackdown on drinking, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Options of imprisonment);

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 lies in depth of the defendant's mistake, and there is no punishment for imprisonment, and considering the motive and circumstance of the crime of this case and the circumstances after the crime, etc., the sentencing as ordered.