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(영문) 부산지방법원 동부지원 2019.07.24 2019고단808
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 May 18, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's Dong Branch, on July 3, 2009, a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's Dong Branch, and on September 7, 201, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Dong Branch, respectively.

On March 2, 2019, the Defendant violated the Road Traffic Act at least twice, and driven a Escar under the influence of alcohol level of about 0.081% at a section of approximately 250 meters from the C Bank located in Suwon-gu, Busan to the Dmastion, around 00:02.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, the investigation report (Attachment to the report on the results of the control of drinking driving), and the inquiry into criminal records, etc.;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. The punishment as ordered shall be determined in light of all the sentencing conditions, including the criminal records, blood alcohol concentration, age, environment, character and conduct, the course and consequence of the instant crime, and the circumstances after the crime, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act.

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