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(영문) 부산지방법원 동부지원 2018.04.11 2018고단188
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On February 24, 2009, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violating road traffic law in the Busan District Court's Dong Branch branch on August 11, 201, a fine of KRW 2 million as a crime of violating road traffic law (drinking) in the same court on August 11, 2014, and a fine of KRW 5 million as a crime of violating road traffic law (drinking) in the same court on March 9, 2015, respectively.

[Criminal facts] On January 29, 2018, the Defendant driven B K7 vehicle at a 700-meter radius from the front of B B B B B lending located in Busan Shipping Daegu, while under the influence of alcohol level of 0.080% among blood transfusion around 22:15.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: A written inquiry about criminal history, investigation report (verification of suspect's history of driving under the same kind of drinking), and application of each written judgment;

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. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no power to be punished heavier than the fine for the same kind of crime);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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