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(영문) 부산지방법원 2017.07.05 2017고단2430
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 June 4, 2012, the Defendant was punished by a fine of seven million won for a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's Dong branch on June 4, 2012, and on August 20, 2009, the Defendant was sentenced to a summary order of two million won or more due to the same crime at the Busan District Court's Busan District Court on August 20, 209.

On April 28, 2017, around 01:25, the Defendant driven a BM5 vehicle under the influence of alcohol content of about 0.113% from the 6km section from the front edge of the non-fluoral end of the trade name in Suwon-dong, Busan, to the front edge of the Republic of Korea located in the Geum-gu, Busan to the front edge of the U.S.., the Defendant driven the BM5 vehicle under the influence of alcohol content of about 0.113%.

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 written inquiries about criminal history and other Acts and subordinate statutes;

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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