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(영문) 부산지방법원 동부지원 2018.05.24 2018고단573
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 14, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of two million won or more due to a violation of the Road Traffic Act at the Ulsan District Court (Drink) around May 14, 2008, and a fine of two million won or more due to a violation of the Road Traffic Act at the Busan District Court's Dong Branch branch on September 8, 2009.

On November 27, 2017, the Defendant driven a C vehicle under the influence of alcohol level of 0.148% among blood transfusions on November 27, 2017, and proceeded from the front of the mutual influent restaurant to the front of two times influences in the name of Busan-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes, such as inquiry about criminal history and text of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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