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(영문) 부산지방법원 2018.09.19 2018고단802
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 April 2, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on September 3, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act.

On February 21, 2018, at around 01:00, the Defendant driven Cran-car under the influence of alcohol concentration of about 0.054% during blood in approximately 10 meters from the east-dong public parking lot located in Busan Dong-dong to the above parking lot exit.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: References to inquiries and the application of Acts and subordinate statutes on investigation reports (suspect's drinking force);

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 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14498

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;

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