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(영문) 부산지방법원 동부지원 2018.12.26 2018고단2195
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

On September 25, 2018, around 15:15, the Defendant driven a motor bicycle with a motor device under the influence of alcohol content of 0.337% at a section of approximately 200 meters from the 5 front roads of the Do-do-do-do-do-do-do-Do, Busan Shipping Daegu Return Daegu, to the front roads of the said KT Telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of alcohol, making a statement on the circumstances of the driver under the influence of alcohol, making an investigation report (report on the circumstances of the driver under the influence of alcohol), and applying Acts

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order shall be determined by taking into account all of the sentencing conditions, such as the Defendant’s criminal history, alcohol concentration level, age, environment, sexual behavior, the circumstances and result of the instant crime, etc., and the circumstances after the instant crime.

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