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(영문) 부산지방법원 동부지원 2019.08.29 2019고단1237
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 29, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Changwon District Court on March 29, 2012. On July 27, 2018, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Dong Branch branch branch.

around 22:50 on June 17, 2019, the Defendant, who violated the prohibition of drunk driving twice or more, driven an E QM5 vehicle while under the influence of alcohol at approximately 0.115% (blood collection result) of blood alcohol concentration from around 500 meters to the front roads of D located in C from the front of the G apartment in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the drinking driver, a report on the state of the drinking driving, a report on the state of the drinking operation, an inquiry into the results of the crackdown on drinking, and an inquiry request for appraisal

1. Application of Acts and subordinate statutes to criminal records, reply reports, written judgments, and summary orders;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is not easy to take the main sentence of a defendant for the reason of sentencing, and is against the defendant's disadvantage, such as the fact that the defendant's previous convictions are less than twice, etc., and other favorable circumstances such as the defendant's age, character and behavior, environment, means and result of the crime, and other various sentencing conditions specified in the trial process of this case, including the circumstances after

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