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(영문) 부산지방법원 2019.02.14 2018고단5089
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 November 30, 2009, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court on November 30, 2009, and a summary order of KRW 2.5 million to a fine at the Ulsan District Court on October 25, 2010.

[2018 Highest 5089] Although the Defendant had been subject to punishment for drunk driving twice or more as above, the Defendant driven B rocketing car, which is owned by the Defendant, in the state of under the influence of alcohol of approximately 2 km from around 18, 2018 to around the Hanyang-gun, Ulsan Metropolitan City, to the Hanyang-si, located in the Korea Highway Corporation located in the same Doyang-si.

[2018 Highest 5734] Although the Defendant had been punished for drunk driving twice or more as above, the Defendant driven the B rocketing car owned by the Defendant in the state of alcohol alcohol concentration of approximately 0.117% from the parking lot of the Busan Gun captain to the E-Road located in D, around November 26, 2018.

Summary of Evidence

[2018 Highest 5089]

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the result of crackdown on drinking driving;

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of two copies of a summary order, such as criminal records;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Taking into account the fact that there is no history of criminal punishment exceeding the grounds for sentencing under Article 62-2 of the Criminal Act, and that his/her mistake is against the law, etc.;

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