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(영문) 부산지방법원 2018.10.17 2018고단3292

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

On December 3, 2009, the Defendant issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on December 3, 2009, and on October 19, 2015, a fine of KRW 2.5 million for the same crime at the same court and violated the prohibition of drinking driving at least twice.

Nevertheless, around 03:45 on March 25, 2018, the Defendant driven B K7 cars with alcohol content of about 0.134% while under the influence of alcohol on the part of approximately 2 km from the front road of the traffic in front of the Southern-gu Busan Metropolitan City, which is located in the middle-gu, Busan Metropolitan City, to the front road of the convenience store in front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. A survey report on actual conditions;

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

1. Each photograph, dynamic CD;

1. Application of investigation reports (verification of suspect A drinking skills)-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;