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(영문) 부산지방법원 서부지원 2019.05.16 2018고단2572
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On April 22, 2015, the Defendant received a summary order of KRW 3 million from the Busan District Court to a fine for a violation of the Road Traffic Act. On December 6, 2017, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On October 30, 2018, the Defendant, while under the influence of alcohol of 00:00 and 0.132% of blood alcohol concentration, driven a car with a distance of approximately KRW 300 meters from the front of the Safety Center located in the Busan Seo-gu C Safety Center, Busan to the roads of D Apartment E-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and a written appraisal of alcohol during blood;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports, and 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. Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his/her wrongness in depth and that the defendant has no record of being sentenced to imprisonment without prison labor or heavier punishment due to drunk driving);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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