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(영문) 부산지방법원 2018.05.29 2018고단725
도로교통법위반(음주운전)등
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 October 20, 2015, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and on December 15, 2017, the Defendant violated the prohibition of drinking driving regulations at least twice by receiving a summary order of KRW 5 million for the same crime from the Busan District Court's East Branch Branch, and on December 15, 2017.

Nevertheless, at around 05:45 on January 31, 2018, the Defendant driven DK5 car under the influence of alcohol level of about 0.181% while under the influence of alcohol level of about 300 meters from a section of approximately 300 meters to the front road of the Sido Han-gu Packdong located in the same Gu, Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

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

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (including the fact that his/her mistake is against himself/herself, family relationship, living environment, and psychological counseling);

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

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

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