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(영문) 부산지방법원 2018.10.17 2018고단3566

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

[criminal history] On January 15, 2013, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Busan District Court’s Dong Branch branch branch branch, and KRW 4 million as a fine in the same court on July 17, 2018.

[2] On August 4, 2018, the Defendant driven a C-Adi vehicle while under the influence of alcohol content of about 0.116% from the section of approximately 600 meters to the front road of the Central Steel in the 82-ro 164 World Cup from the 164 World Cup in Busan-gu, Busan-do 2018.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points and no record of punishment exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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