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(영문) 부산지방법원 2018.12.20 2018고단1909
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2006, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and on February 7, 2013, the Defendant was punished on two or more occasions for a violation of the Road Traffic Act (driving) by receiving a summary order of a fine of four million won due to a violation of the Road Traffic Act from the same court on February 7, 201.

On February 12, 2018, the Defendant driven B B B 350 cars with approximately 30 meters alcohol concentration of about 0.172% in blood, from the border parking lot road located in Nam-gu Busan Metropolitan City on February 12, 2018 to the roads in front of the gravel-dong market located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the situation of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and inquiry into the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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

1. Article 62(1) of the Criminal Act of the suspended execution (the following factors are stated as the grounds for sentencing, etc.)

1. It is necessary to take strict measures against the Defendant again committing the instant crime due to a violation of the Road Traffic Act due to a violation of the reason for sentencing under Article 62-2 of the Criminal Act, 2006 and 2013 of the Act on the Punishment of Traffic due to a drunk driving in 2007 and 2008. However, even though the Defendant committed the instant crime, there is no traffic accident due to driving under the influence of alcohol; the Defendant led to the confession of the said crime; the Defendant did not have any history of having been punished due to a violation of the Road Traffic Act since 2013; and the Defendant’s age and occupation were considered.

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