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(영문) 부산지방법원 동부지원 2018.02.08 2017고단2381
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On August 24, 2007, the defendant was issued a summary order of fine of one million won as a crime of violating the Road Traffic Act at the Busan District Court's Dong Branch's Branch's branch branch's of the Busan District Court, and one million won as a crime of the same crime at the Busan District Court's Busan District Court's Busan District Court's branch's of the case.

[2] Although the Defendant had two times the record of punishing drinking driving on October 4, 2017, he was under the influence of alcohol level of 0.163% in blood around 07:20 on October 4, 2017, the summary of the evidence to prove that the Defendant driven the B low-speed car from approximately 8 K KK in the section of 8 KK to the front road of the B-Who-dong 2042-38, Jinsan-dong 2042-38.

1. Statement by the defendant in court;

1. The circumstantial report on driving at home, the request for appraisal, and the response to blood collection from the Busan Science Investigation Institute;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and reporting on the result of the disposition not being made (Attachment to summary orders);

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 to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2009Da1548, Feb. 1, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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