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(영문) 부산지방법원 동부지원 2018.12.19 2018고단2107
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On July 20, 2006, the Defendant was issued a summary order of KRW 2 million with the same crime in the Busan District Court on July 20, 2006, and a fine of KRW 4 million with the same crime in the same court on October 15, 2013, respectively.

On August 20, 2018, around 06:09, the Defendant driven a Cknife car in the state of alcohol with approximately 0.167% alcohol concentration in the 3km section from the road in front of the Busan Metropolitan City B's dwelling, Busan Metropolitan City, to the road in front of the 1101m-ro, e-mail-ro, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, reports on the circumstances of the driver under the influence of alcohol, reports on the situation of the driver under the influence of alcohol, and inquiries about the criminal history, and the application of Acts and subordinate statutes concerning investigation reports;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s criminal records, the degree of alcohol concentration, age, environment (health), sexual conduct, the course and result of the instant crime, and the circumstances after the commission of the crime, etc., shall be determined as ordered by taking into account all the sentencing conditions.

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