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(영문) 부산지방법원 2019.05.08 2019고단868
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 16, 2008, the Defendant was issued a summary order of 2.5 million won by the Busan District Court for a violation of the Road Traffic Act (driving) and a summary order of 2 million won by the same court on January 16, 2013.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, on March 9, 2019, at around 06:45, the Defendant driven an Esp-type vehicle owned by the Defendant from the parking lot of the building B in the Young-gu in Busan, to the front day of D in the Busan Young-gu, with approximately 500 meters alcohol level of about 0.069% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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