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(영문) 부산지방법원 서부지원 2017.11.08 2017고단1215
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On January 24, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on March 25, 2015, a summary order of KRW 6 million for a fine of KRW 1 million was issued for the same crime from Ansan Support for Suwon Friwon, which was issued to the Defendant for the same crime.

[2] Although Defendant 1 had been punished for a violation of the Road Traffic Act (driving) more than twice as above, Defendant 2 driven a B motor vehicle under the influence of alcohol concentration of about 0.054% in the 2km section of Busan Gangseo-gu from the original city of Changwon-si to the (ju) 16:2:57 on August 16, 2017 to the (ju) 1:2:57 on July 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on criminal history (report on the same kind of force);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

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

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