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(영문) 부산지방법원 2017.04.26 2017고단73
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 March 16, 2011, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of traffic violation at the Busan District Court and KRW 2 million for a crime of traffic violation at the Busan District Court on April 1, 2016.

On December 26, 2016, at around 23:33, the Defendant driven a B B B B B B-in automobile with alcohol content of about 500 meters from the blood alcohol content to the front road of the “C-In-dong,” located in the Busan East-gu, Busan, to the “C-In-dong,” which is located in the Busan.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (suspect's drinking and non-licensed driving power);

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 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do111, Apr. 1, 201

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

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