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(영문) 부산지방법원 2017.05.31 2017고단1289
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

On November 8, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to imprisonment for six months with labor for a violation of the Road Traffic Act at the Busan District Court on November 8, 2007, and one year with labor for a violation of the Road Traffic Act at the Changwon District Court on May 28, 2010.

On February 17, 2017, the Defendant, while under the influence of alcohol content 0.190% from blood at around 00:10, the Defendant driven a 5-meter B string vehicle at approximately 5 meters in front of the frequency of the trade name in the lower end of the city of Busan and the lower end of the Gu of the Gu of Y.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of 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. 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. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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