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(영문) 부산지방법원 동부지원 2018.09.17 2018고단1596
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 June 11, 2013, the Defendant issued a summary order of a fine of 1.5 million won for a crime of violating road traffic laws at the Seoul Northern District Court, and a fine of 2 million won for a crime of violating road traffic laws at the Seoul Western District Court on May 19, 2015.

[2] Although the Defendant had been subject to two times punishment due to drinking driving as above, he driven a BNcoo vehicle (MINI Cooper) at a distance of about 2 km from the uppermost of the bathing beach located in Busan Shipping Daegu to about 0.095% of alcohol level from July 22, 2018 while under the influence of around 05:35 on the alcohol level, the Defendant driven a Bncoo vehicle (MINI Cooper) at a distance of about 2 km from the uppermost of the bathing beach located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the records of driving under the same kind of drinking as the suspect), and application of two copies of relevant summary orders

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 suspended execution;

1. Orders to observe protection and attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

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