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(영문) 부산지방법원 2017.04.26 2017고단54

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 June 2, 2008, the Defendant is a person who has been sentenced to a fine of one million won or more due to a violation of the Road Traffic Act at the Busan District Court on June 2, 2008, and a fine of 2.5 million won or more due to a violation of the Road Traffic Act at the Busan District Court on June 16, 2008.

On December 22, 2016, at around 04:50, the Defendant driven a 5km car from the border university located in Suwon-ro 309, Nam-gu, Busan, to the night road located in 667, as Busan-gu, Busan-do, with approximately 0.155% alcohol concentration in blood.

As a result, although the Defendant had a drinking driving force on more than two occasions, he again driven a motor vehicle under the influence of alcohol.

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 inquiry statements, such as criminal history, and investigation reports-related 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 suspension of execution (see, e.g., Supreme Court Decisions 201Do111, Apr. 1, 201

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