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(영문) 부산지방법원 동부지원 2018.04.25 2018고단358
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

[Power of crime] The defendant has a record of being sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch on May 6, 2008, and a summary order of 2.5 million won as a crime of violating the Road Traffic Act in the same court on June 9, 2008.

[2] On February 26, 2018, the Defendant, while under the influence of alcohol level of 0.117% during blood transfusion around 04:40 on February 26, 2018, driven a BM3 car from approximately 500 meters to the roads front Samsung Digital Flaon in the same Dong and located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into a report on detection of drivers and the register of driver's licenses;

1. Previous convictions: A reply to inquiry about criminal history, investigation report (Attachment of the same record as the suspect), application of relevant statutes of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no power to be punished heavier than the fine for the same kind of crime);

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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