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(영문) 부산지방법원 2018.04.11 2018고단516
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 January 15, 2018, the Defendant, while under the influence of alcohol 0.225% during blood transfusion around 16:00, driven the home foil in the section of 10 kilometers from the direction of the Busan Gangseo-gu Incheon Metropolitan City Total Movement Center to the home fluor parking lot located in 7, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a response to a request for appraisal, and a report on detection of a driver involved;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act reflects the reasons for sentencing, there is no record of punishment exceeding the fine due to the same kind of crime, the blood alcohol concentration is very high at the time of the instant crime, and the sentencing conditions such as the records of the same kind of crime shall be determined as the order.

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