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(영문) 부산지방법원 2019.03.07 2018고단5665
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On September 16, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court on September 16, 2008, and on December 13, 2013, the Busan District Court issued a summary order of KRW 4.5 million for the same crime.

On October 25, 2018, even though the Defendant had been punished for drinking driving twice or more, the Defendant driven a B rocketing car owned by the Defendant, under the influence of alcohol concentration of about 1km from approximately 0.118% from the 1km section to the 2nd road located in the central road of Jung-gu, Busan, Jung-gu, Busan, to around 22:48 on October 25, 2018.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Taking into account the fact that there is no history of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act, and that his/her mistake is against each other;

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