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(영문) 부산지방법원 동부지원 2018.09.05 2018고단1474

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 February 4, 2010, the Defendant was punished twice or more due to drinking, such as having been sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act in Busan East Support, and a fine of 5 million won due to the same crime in the same court on September 10, 2012.

Nevertheless, on July 3, 2018, the Defendant, starting from around 15:03, Busan, and from around 50 meters to around 3, 2018, driven D rocketing vehicles under the influence of alcohol concentration of 0.178% in blood from around 50 meters to the captain-Eup C and the front.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 62 (1) of the Criminal Act on the suspended execution;

1. There is a habitive wall for the accused to drinking alcohol, under subparagraph 2 of Article 2-3 of the Act on the Medical Treatment, Care, Care, etc. (Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment, Custody, etc.);

It is judged that the risk of recidivism and the necessity to receive outpatient treatment is also recognized.