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(영문) 부산지방법원 동부지원 2017.09.14 2017고단1545
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On October 2, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law in the Busan District Court's Dong Branch's Support for the Daegu District Court on July 9, 2013 and received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving under drinking), and three criminal records of the same kind.

[2] Notwithstanding the fact that the Defendant had been punished twice or more due to drinking driving, the Defendant driven a two-way fluoring vehicle under the influence of alcohol with approximately 0.071% alcohol concentration at the 2km section from July 10, 2017 to the roads in front of the agricultural feed located in the Southern-dong, Busan-do from the front of the trade name in the Dong-dong, Busan-dong, Busan-do to the end of the 2km-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, report on the circumstances of a driver driving a drinking and report on the results of regulating drinking;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report accompanied by a copy of the same summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The confession and reflective nature, and taking into account the drinking volume, etc. of drinking driving of this case);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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