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(영문) 부산지방법원 서부지원 2018.11.16 2018고단1475
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 March 22, 2012, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act at the Changwon District Court on March 22, 2012, and was sentenced to a violation of the Road Traffic Act at the Changwon District Court on July 3, 2014, and was sentenced to a violation of the Road Traffic Act at the Changwon District Court on July 3, 2014, and was sentenced to a suspension of execution of two or more times.

On July 5, 2018, at around 11:40, the Defendant driven a car in a state of alcohol of about 2 km with alcohol concentration of about 0.212% in blood over the 2km section from the road located in the Gangseo-gu, Busan to the front road of the modern kindergarten located in the Gangseo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the text of a judgment and attachment of a summary order);

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 Suspension of Execution [Consideration of all kinds of sentencing factors, such as the fact that one's mistake is against his/her depth, the recent record of crime, the background leading to the crime of this case, the detention of the defendant against his/her dependants is likely to entail excessive difficulties for his/her dependants (such as support, etc. to his/her parents in the line of duty), the circumstances after the crime, family relationship, social relationship, other criminal defendant's age, sexual behavior, environment, etc.

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 (Consideration of Criminal Records, etc. of the same kind) or more of the Criminal Act;

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