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(영문) 부산지방법원 2018.05.24 2018고단570
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court on March 25, 2008, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (unlicensed driving) at the same court on March 25, 2008, and on August 4, 2008, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch branch branch.

On February 7, 2018, the Defendant driven B-low-income cars under the influence of alcohol concentration of about 0.097% in the section of approximately 2.5 km from the 23:07 Su Young-gu, Busan, to the front road of the same Suwon Motor Vehicle Driving Authority.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The written statement of the defendant;

1. Statement report on the situation of the driver at the main driver, investigation report (report on the situation of the driver at the main driver), investigation report (Attachment to the driver's license register, etc.);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (refence twice the drinking history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da

1. Article 62(1) of the Criminal Act of the suspended execution (the following factors are stated as the grounds for sentencing, etc.)

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation requires strict measures against the Defendant who committed the instant crime even though the Defendant had committed two or more violations of the prohibition of drinking driving regulations. However, the Defendant’s mistake is divided in depth, there was no record of criminal punishment since 2008, and the Defendant’s age, occupation, and family circumstances are considered in consideration of the Defendant’s age, occupation, and family circumstances.

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