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(영문) 부산지방법원 2017.05.17 2017고단221
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On October 13, 2006, the Defendant is a person who violated the provisions concerning the prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, such as a fine of three million won for a violation of the Road Traffic Act (driving), a fine of two million won for a violation of the Road Traffic Act at the Changwon District Court on February 9, 2009, and a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on June 28, 2010.

On January 4, 2017, the Defendant driven approximately 400 meters of alcohol level 0.080% during blood transfusions at around 23:15, the Defendant driven a car with approximately 400 meters of alcohol level from the front day of the Busan Northern-dong Jeju Island to the front day of the same shotwon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective facts and no record of punishment exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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

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