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(영문) 부산지방법원 2017.11.29 2017고단5005
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

[criminal history] On November 18, 2015, the Defendant is a person who violated a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on November 18, 2015, and a fine of 4 million won at the same court on July 16, 2012 by issuing a summary order of 4 million won for the same crime at least twice.

[2] Under the influence of alcohol content of around 15:35 on September 18, 2017, the Defendant driven C vehicle for about 1 k meters from the front day of the Hyundai apartment in Busan Jin-gu, Busan, to the front day of the pharmacy, under the influence of alcohol content of 0.095%.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report and a circumstantial statement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., the reflection of the punishment and the absence of any record of punishment exceeding the fine for the same kind of crime) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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

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