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(영문) 부산지방법원 동부지원 2019.01.09 2018고단2215
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 23, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Busan District Court on July 23, 2015, and a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Busan District Court on June 15, 2017.

On November 16, 2018, the Defendant, who was punished for drunk driving twice or more as above, driven a rocketing car at a distance of about 200 meters from around 200 meters from around B around Busan-gun to C neighboring D while under the influence of alcohol at around 20:45.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to investigation reports, investigation reports, criminal records, etc. and investigation reports (Attachment to those for driving under the same kind of suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in consideration of all the sentencing conditions, including the criminal records, blood alcohol density, age, environment, character and conduct, the course and consequence of the instant crime, and the circumstances after the crime, etc.

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