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(영문) 부산지방법원 서부지원 2018.01.31 2017고단1747

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 19, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic laws at the Changwon District Court, and on July 22, 2016, a summary order of KRW 1 million for the same crime at the same court.

[2] On September 10, 2017, around 06:40 on September 10, 2017, the Defendant driven a B Trate car while under the influence of alcohol content of about 0.07% at the 2km section from the Do in front of the ideology in the Busan Seo-gu Clock, Busan, to the front road of the cho-dong in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report accompanied by a copy of a summary order);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small quantities (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., reflective points, the previous records of punishment, the time to commit an offense

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

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