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(영문) 부산지방법원 2018.12.21 2018고단4699
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 September 22, 2018, the Defendant driven B K3 cars at a section of approximately 700 meters up to the front of the department store while under the influence of alcohol content of 0.266% among blood transfusion around 01:25.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment shall be determined by taking into account the Defendant’s criminal records of the same offense (one-time penalty) and the blood alcohol concentration as a result of sentencing under Article 62-2 of the Social Service Order Criminal Act. Considering the defendant’s opposite nature and the fact that there is no other criminal record other than the above fine, the court shall take into account the favorable circumstances in which the defendant’s age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., all of the sentencing conditions in the trial process of this case shall be determined as ordered.

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