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(영문) 부산지방법원 2017.02.16 2017고단279
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On March 14, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court on March 14, 201, and a summary order of KRW 4 million for the same crime at the same court on September 24, 2013, and the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

On December 26, 2016, at around 21:46, the Defendant driven B Lone Star Co., Ltd in the state of alcohol with approximately 2km alcohol concentration of about 0.074% from the 2km section from the roads adjacent to the Busan Metropolitan Transportation Daegu Metropolitan Government, to the original road of the nuclear Dong Dong-dong located in Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and report on confirmation), and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

3. Article 62 (1) of the Criminal Act (including the fact that there is no past career of imprisonment without prison labor or any heavier punishment, and the fact that it is against the law).

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

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