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(영문) 부산지방법원 2019.07.17 2019고단2442
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 26, 2006, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on August 7, 2012 to a fine of KRW 4 million for the same crime, respectively.

On June 2, 2019, the Defendant, who had been punished for drinking driving two or more times, driven BM3 cars in the state of alcohol alcohol concentration of about 0.050% from the 2km section of approximately 2km from a restaurant parking lot where the trade name in the Southern-dong of Busan is unknown to the 06:10 on June 2, 2019 to the 54rd side road in Busan Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act ( Taking into account the fact that the defendant drives under the influence of alcohol again even though he/she has the record of choosing imprisonment and of serving three times punishment due to a drunk driving, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act in cases where the defendant reflects the crime of this case and does not repeat

1. Social service order under Article 62-2 of the Criminal Act;

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