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(영문) 부산지방법원 2018.01.24 2017고단5928

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 7, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court on July 7, 201; on May 21, 2013, the Busan District Court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Dong branch branch of the Busan District Court on May 21, 201; and on August 20, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 million for 6 months for a crime of violating the Road Traffic Act.

On November 18, 2017, around 00:18, the Defendant driven a Daco-car under the influence of alcohol content 0.150 percent from the 300-meter section from the same Gu’s subway station located in the same hot spring Dong-dong, Busan, and from the Doco-car under the influence of alcohol content 0.150 percent from the 300-meter section to the front road of the department store.

As a result, the Defendant, who once or more drinking, driven 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: A reply to inquiry, such as criminal history, a confirmation report on the previous convictions of the disposition, and application of Acts and subordinate statutes attaching the same electric records;

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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;