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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1123
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

[criminal history] On June 29, 2007, the defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a violation of road traffic law (drinking driving), KRW 2 million with a fine of KRW 2 million with a violation of road traffic law (drinking driving) at the branch court of the Busan District Court on July 6, 2007, and on October 22, 2014 with a penalty of KRW 8 million with a fine of KRW 2 million with a violation of road traffic law at the Busan District Court on October 22, 2014.

[2] On February 25, 2017, the Defendant driven B K5 vehicle under the influence of alcohol leveling to about 0.077% in alcohol level from the road near the gate-dong located in the Nam-gu, Busan, Busan, to the roads located in the Handong-dong, Busan, which is located in the Busan, Seo-gu. In addition, the Defendant driven B K5 vehicle under the influence of alcohol leveling to about 0.07%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (Attachment to summary orders), and application of the statutes governing summary orders;

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

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