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(영문) 부산지방법원 2019.05.01 2019고단885
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 of the final judgment.

Reasons

Punishment of the crime

On September 8, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court on September 8, 2008; on April 20, 2009, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court on April 20, 200; on August 5, 2014, a fine of KRW 5 million for a crime of violation of the Road Traffic Act at the Busan District Court on August 5, 2014.

On January 28, 2019, the Defendant had been punished for drinking driving two times or more as above, but on January 28, 2019, at around 09:05, the Defendant driven a C human-related car, which is owned by the Defendant, under the influence of alcohol concentration of approximately 0.148% from the section of about 10km from the Busan B to the front road of the exit exit of about 6km.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Judgment division: Application of criminal history records, and summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Consideration of the fact that the defendant, even though he had been sentenced to imprisonment, had the record of being sentenced three times due to drunk driving, has re-driving, and that the blood alcohol concentration was considerably high by 0.148%, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act in cases where the defendant reflects the crime of this case and does not repeat

1. Social service order under Article 62-2 of the Criminal Act;

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