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(영문) 부산지방법원 2019.02.19 2018고단5620
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 November 8, 2018, at around 22:15, the Defendant driven a motor vehicle owned by the Defendant, under the influence of alcohol concentration of approximately 0.145% from the section of about 1km from the Busan East-gu Bridge to the front road of the seat of the D bank located in the same Gu C from the D Bank.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G traffic accidents;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Two times the same criminal records, and the circumstances favorable to the fact that the accident occurred by a substitute: Taking into account all the conditions of sentencing, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc.

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