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(영문) 부산지방법원 서부지원 2018.11.23 2018고단1651
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2008, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving) at the Seogu District Court Branch Branch of the Daegu District Court on January 22, 2008, and on February 11, 2008, by the same court, for the same crime.

On July 30, 2018, at around 10:40, the Defendant driven a BS-type car under the influence of alcohol content of about 0.176% while under the influence of alcohol on the part of approximately 1km from the front of the original market in Seo-gu, Seo-gu, Seo-gu, Daegu to the 45-gu Northbuk-ro, Seoul Northern City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition by the court below on the grounds of Article 62(1) of the Criminal Act (which reflects his mistake in depth, and has three times the past records on drinking driving including the criminal records stated in the judgment, but all of them have been punished by a fine not exceeding 10 years, and the circumstances leading to the crime of this case, circumstances leading to the crime of this case, social bond relationship, other criminal defendant's age, sex behavior, environment, family relation, etc.) or more than the sentence of this case.

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