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(영문) 부산지방법원 동부지원 2019.03.15 2019고단14
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2016, the Defendant was issued a fine of two million won for the violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on November 15, 2017, the same court issued a summary order of two million won for the same crime, respectively, on two or more occasions.

At around 22:40 on December 7, 2018, the Defendant driven approximately 500 meters from the front of the Ccafeteria located in Busan-gun B to the front of the E Bank located in D, while under the influence of alcohol concentration of about 0.087%.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the reporting on the results of blood collection, the investigation report (report on the situation of a drinking driver), the reporting on the status of running a driving a motor vehicle at home, the reporting on internal investigation (in relation to attachment of the results of request for appraisal), the reporting on criminal records, and the reporting on criminal investigations;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in consideration of all the sentencing conditions, including the criminal records, blood alcohol density, age, environment, character and conduct, the course and consequence of the instant crime, and the circumstances after the crime, etc.

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