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(영문) 부산지방법원 동부지원 2018.08.08 2018고단769
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 October 10, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court's Dong Branch, and on April 6, 2012, a fine of five million won due to a violation of the Road Traffic Act (dacting driving) at the Busan District Court's Busan District Court's District Court's Decision

On April 29, 2018, while under the influence of alcohol 0.125% during blood transfusion around 01:38, the Defendant driven B vehicles at the 10m section from the front of the "big Mat" 1:36, Busan Do-ro, Busan, the Do-ro, Busan, and from the front of the "big Mat" Do-dong, to the front of the "big Mak" Do-dong, the Defendant driven B vehicles at the 10m section above

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking, reports on the circumstances of the driver under the influence of alcohol, reports on investigation (report on the circumstances of the driver under the influence of alcohol), replys to inquiries, such as criminal history, and application of Acts and subordinate statutes to report on investigation

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. 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, an order to attend a lecture or an order to provide community service order, the Defendant’s criminal records, alcohol concentration level during blood transfusion, Defendant’s age, environment, sexual conduct, the circumstances and result of the instant crime, etc. shall be considered and determined as ordered by taking into account all of the sentencing conditions.

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