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(영문) 부산지방법원 동부지원 2018.07.11 2018고단609
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2007, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on May 25, 2007, a fine of four million won for a violation of the Road Traffic Act (drinking driving), etc. at the same court on May 25, 2007, and on September 20, 2012, to a suspended sentence of two years for a violation of the Road Traffic Act (drinking driving), respectively.

On April 5, 2018, the Defendant driven a B-wing vehicle at approximately 1 km away from the sular Doksan-dong, Busan-dong, Busan-do to the ebbbban-dong ebban-dong, with alcohol level of 0.069% during blood transfusion around 05:40%.

Summary of Evidence

1. Statement by the defendant in court;

1. References to the results of crackdown on driving alcohol, reports on the situation of the driver involved, and references to inquiries, such as criminal records, and the application of Acts and subordinate statutes on investigation reports (Attachment to the same criminal records as

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 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the fact that, in light of the defendant's criminal records for the reason of sentencing, observation of protection, order to attend lecture and order to provide community service and Article 62-2 of the Criminal Act, the defendant should be punished by strict punishment, but the defendant's previous criminal records prior to the previous criminal records for not less than five years, etc.

In addition, in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol during blood, the age, sex, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.

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