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(영문) 부산지방법원 동부지원 2018.06.20 2018고단773
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 June 2, 2008, the Defendant was sentenced to a fine of one million won from the Busan East Branch for a violation of the Traffic Act (driving) on the road, and committed the same crime on March 16, 2015, including a fine of three million won from the Busan East Branch for a violation of the Traffic Act (driving) on the road.

On February 10, 2018, the Defendant driven the E Q90 vehicle at a distance of 500 meters from the 0.069% alcohol level among the blood transfusions around 02:56, to the 3rd distance in the same Dong and located in the east-dong in Busan Shipping Daegu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Inasmuch as the instant crime was committed even if the person was punished several times due to the observation of protection and community service order, the community service order and the order to attend education under Article 62-2 of the Criminal Act, driving of drinking alcohol and driving without a license, and thus, the sentence is determined as ordered by considering the fact that drinking value and damage did not occur.

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