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(영문) 부산지방법원 서부지원 2017.11.08 2017고단1220
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] On July 24, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court’s Dong Branch branch branch, and a summary order of KRW 4 million for the same crime at the Busan District Court’s Busan District Court on July 30, 2014.

[2] Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven a Bteteme car at around 06:50 on August 19, 2017, from the entrance intersection at the entrance of a high school located in the Dong-dong, Busan Metropolitan City to the modern pharmacy located in the Seo-gu, 33, Seo-gu, Busan Metropolitan City, about 4.09km, while under the influence of alcohol concentration of about 0.058% during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on the same type of criminal suspect and driving distance);

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 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

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

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