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(영문) 부산지방법원 2018.12.06 2018고단4434
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

[criminal history] On November 4, 2015, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court on the grounds of a violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime on November 16, 2015, respectively.

[2] On September 26, 2018, around 19:00, the Defendant driven B e-car in the state of under the influence of alcohol concentration of about 0.06% in the section of about 30km from the 12-gil 12-19 Soloud-ro, Busan, to the front road of the 24-gil dong-dong, Suwon-gu, Busan, to the 210-ro 24-gil dong-dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant, and a protocol concerning the examination of the police;

1. Report on the circumstances of the driver who is to drive a drinking, report on the situation of the driver who is to drive a drinking, investigation report (report on the circumstances of the driver who is to drive a drinking), inquiry into the results of crackdown on the driving of drinking, and investigation report (specific

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on internal investigation (such as drinking driving force), investigation report (the previous and confirmation thereof) and Acts and subordinate statutes;

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

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that it is necessary to take strict measures with regard to the Defendant’s repeated driving of drinking. However, the Defendant made a confession of all the crimes and his mistake in depth, the Defendant’s degree of alcohol concentration in blood at the time of the crime in this case is not high, and the Defendant’s age, occupation, and occupation.

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