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(영문) 부산지방법원 동부지원 2017.09.07 2017고단1341
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a driver of B-learning car, is a person who has the record of drinking driving two times, such as receiving a summary order of KRW 1.5 million from the Busan District Court on September 3, 2015 to a fine of KRW 1.5 million, and a summary order of KRW 2 million from the East Branch of the Busan District Court on December 8, 2015 to a crime of violating the Road Traffic Act.

On June 2, 2017, the Defendant driven the frighting passenger car with alcohol content of 0.143% at around 23:11, the Defendant driven the frighting passenger car with alcohol content of 0.143% at around 0.3 meters at a distance of about 30 meters to the front of the public convenience store in the Sindong-dong, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Criminal Act and Article 148-2 (1) 1 of the Criminal Act and the choice of punishment for the crime;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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