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(영문) 부산지방법원 동부지원 2018.08.22 2018고단1047
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 January 6, 2012, the defendant was issued a summary order of 2.5 million won as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on July 28, 2016, as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's District Court's District Court's District Court's District

On March 5, 2018, the Defendant driven the vehicle at a distance of 30 meters from the front of the Red swine cafeteria located in Busan Shipping Daegu to the front of the king in the same Dong while under the influence of alcohol level of 0.064% among the blood transfusions around 21:55.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make inquiries, such as a statement on the situation of the driver in charge, investigation report (report on the situation of the driver in charge), criminal history, etc., and a report on investigation (report on confirmation of the same past record);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, an order to attend a lecture or an order to provide community service order, the Defendant’s criminal records, alcohol concentration level during blood transfusion, Defendant’s age, environment, sexual conduct, the circumstances and result of the instant crime, etc. shall be considered and determined as ordered by taking into account all of the sentencing conditions.

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