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(영문) 부산지방법원 동부지원 2018.11.29 2018고단1785

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2018, at around 21:30, the Defendant driven a Bing MK car under the influence of alcohol concentration of about 0.171% from the parking lot of the Cresh fish and shellfish market located in 278, a 7rd-ro, U.S., Busan, to the front road of the said parking lot.

2. On August 19, 2018, at around 00:48, the Defendant driven the pertinent car in the state of alcohol alcohol content of about 500 meters from the front road of the parking lot for a gas station in the Southern-gu Busan-gu, Busan-do to the front road of the port of the Yellow-gu, Yellow-gu, which is located in the same Dong, with approximately 500 meters alcohol concentration of about 0.184%.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to report the detection of drivers of drinking alcohol, the inquiry of the results of regulating driving of drinking alcohol, the ledger for using the measuring instruments for drinking alcohol, the statement of the circumstances of drivers of drinking alcohol, each investigation report (report on the circumstances of drivers of drinking alcohol) and the reporting of the circumstances of driving

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

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act has the same criminal record for sentencing, and a defendant is arrested as an offender committing a crime of drinking and is released after being investigated, and immediately and again, is driving under the influence of drinking, and each state of drinking is relatively high.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.