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(영문) 부산지방법원 2017.05.24 2017고단743
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

[Power of crime] On October 13, 2009, the defendant was issued a summary order of 1.5 million won in Busan District Court as a crime of violating the Road Traffic Act in the Dong Branch of the Busan District Court. On August 18, 2010, the defendant was issued a fine of 700,000 won for the same crime.

[Criminal facts] On January 07, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.140% at a section of about 2 km from the front of the Hobambow center located in Busan, Busan, to the river of the So-gu Dhobbs or the front road located in the So-gu Dhob City.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, even though he had the influence of driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on detection of a primary driver (the result of blood collection);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (limited to such previous convictions);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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