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(영문) 부산지방법원 2017.05.17 2017고단654
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 6, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) by the Seoggu District Court branch on April 6, 201, and on April 21, 201, the Defendant was issued a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) by the Daegu District Court on April 21, 201.

On January 24, 2017, while under the influence of alcohol content of 00:20% among blood transfusions, the Defendant driven B rocketing car from a distance of approximately 500 meters from the front of the Dong-dong public parking lot located in Busan East-gu, Busan, to the front of the department store.

As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives 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: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal history;

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., reflective facts and no record of punishment exceeding a fine) 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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