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(영문) 부산지방법원 2019.05.15 2019고단767
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 14, 2006, the Defendant was sentenced to a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Busan District Court's Dong Branch's Branch's branch's Seoul District Court's summary order of KRW 3.5 million for the same crime on January 7, 2013, and was sentenced to a summary order of KRW 3.5 million for the same crime on December 19, 2016.

Although the Defendant had been punished for drinking driving more than twice as above, around 00:20 on February 10, 2019, at the center of Busan Dong-gu, the Defendant driven a B-do motor vehicle owned by the Defendant, under the influence of alcohol level of about 0.173% from a public parking lot in the 1342 city, as the center of Busan Dong-gu, to a road in front of the above public parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions: Criminal records, written judgments, and application of Acts and subordinate statutes concerning summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant is willing not to repeat the crime of this case);

1. Social service order under Article 62-2 of the Criminal Act;

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