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(영문) 부산지방법원 서부지원 2018.10.10 2018고단637
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 15, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on February 15, 2013. On May 26, 2010, the same court issued a summary order of KRW 2 million for the same crime, and on February 23, 2009, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

On February 26, 2018, around 23:39, the Defendant operated the Bcoon car in the state of alcohol level of approximately 0.078% in alcohol level from the section of approximately 3km from the public parking lot of the Gupo-dong located in the 2nd Dong-gu, Busan Metropolitan City to the slope of the sea located in the Dong-dong in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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;

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 suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Act on the Punishment of Education, etc., are as follows: (a) considering the favorable circumstances such as the fact that the Defendant committed again the crime of this case even though the Defendant had been punished for driving under drinking, and the fact that the Defendant recognized the crime of this case, and that the Defendant is in depth divided the wrong facts; (b) the degree of drinking alcohol of this case is not high; and (c) there is no record of criminal punishment exceeding the fine; and (d) taking into account the favorable circumstances such as the fact that there is no record

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