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(영문) 부산지방법원 동부지원 2018.05.17 2018고단321
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2010, the Defendant was issued a summary order of KRW 3 million due to a crime of violating the Road Traffic Act at the Seog Branch of the Daegu District Court on the following grounds: (a) on August 11, 201, a fine of KRW 2.5 million; (b) on November 11, 2010, a fine of KRW 2.5 million due to a crime of violating the Road Traffic Act at the Seog Branch of the Daegu District Court on the grounds of a violation of the Road Traffic Act; (c) on April 30, 2013, the Defendant committed a violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on the condition that he/she was sentenced to imprisonment for 8 months, suspended sentence two years; and (d) on the condition that he/she was sentenced to protection surveillance; and (d) on November 13, 2014, a person who was sentenced to a fine of at least one million on the part of the Seog Branch of the Daegu District Court on the Road Act.

On February 18, 2018, at around 01:30, the Defendant driven a 4 km car owned by the Defendant under the influence of alcohol level of 0.141% from the alcohol house prior to the road in front of the city in which it is impossible to identify the trade name located in the Busan Metropolitan Transportation Daegu, Busan Metropolitan City, to the road in front of the route in front of the same Gu, with the alcohol level of 0.141% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and a report on the result of confirmation (Attachment to a summary order, etc.) of the previous conviction;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act, such as the duty to observe and attend a lecture, and the order to attend a community service order, is the driving of drinking, and the nature of the crime is bad, the defendant may be included in a suspended sentence once, and the degree of the defendant's main driving is relatively high.

However, the defendant's charges are charged.

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