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(영문) 부산지방법원 2017.06.28 2017고단2029
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 April 23, 2012, the Defendant issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on April 23, 201, and KRW 5 million as a crime of violating the Road Traffic Act (dacting driving) at the same court on October 14, 2014.

On April 8, 2017, around 00:45, the Defendant driven B-Scar car under the influence of alcohol concentration of approximately 0.256% from the front of “flus communication” on the road of 255 roads, as the A-Scar in Busan East-gu, Busan-si, to the 66th road of the same Gu, as the A-Scar, from the front of the “flus communication” road of about 200 meters to the 255th road of the same Gu.

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 a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment of the same kind of force);

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 (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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