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(영문) 부산지방법원 동부지원 2018.08.08 2018고단995
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person who drives a wing and cargo vehicle B.

On January 7, 2013, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch, and KRW 2.5 million as a crime of violating the Road Traffic Act at the Busan District Court on October 14, 2014.

On May 2, 2018, under the influence of alcohol concentration of 0.094% from blood transfusion around 22:32, the Defendant driven approximately 4 km from the Haak Apartment apartment located in the city of Busan to the front road of the above salary class located in Busan Shipping Daegu-do.

Although the Defendant had been punished for driving under the influence of alcohol more than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, making a statement on the circumstances of the driver involved, making inquiries about the criminal history, and applying the Acts and subordinate statutes of the report on previous conviction and confirmation;

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. 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. For the reason of sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order shall be determined by taking into account all of the sentencing conditions, such as the Defendant’s criminal history, alcohol concentration level, age, environment, sexual behavior, the circumstances and result of the instant crime, etc., and the circumstances after the instant crime.

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