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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1704
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 4, 2006, the Defendant was issued a summary order of KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000,000,000,00

Although the Defendant had been able to drive alcohol twice or more, on June 25, 2018, at around 07:25, the Defendant driven a C low-paid vehicle under the influence of alcohol content of about 0.062% in the four kilometers from the last parking lot in the south-gu Busan Metropolitan City to the front road of the friendly church located in Busan Metropolitan Transportation Daegu Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, making a statement on the circumstances of the driver in charge, making an investigation report (report on the circumstances of the driver in charge), and making an inquiry, such as criminal history, and applying Acts and subordinate statutes to a report on investigation (a summary issuance of an 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 suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order shall be determined by taking into account all of the sentencing conditions, such as the Defendant’s criminal history, alcohol concentration level, age, environment, sexual behavior, the circumstances and result of the instant crime, etc., and the circumstances after the instant crime.

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