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(영문) 부산지방법원 2019.05.22 2019고단979
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 26, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court on November 26, 2008, and a summary order of KRW 4 million to a fine at the same court on October 21, 2013, respectively.

Although the Defendant had been punished for drinking driving more than twice as above, around 01:10 on March 9, 2019, the Defendant driven an E-Korean cruise car under the influence of alcohol of about 0.063% in a section of about 30 meters from the 3rd of the Do subway Station located in Busan Jin-gu, Busan to the exit road of 0.063% from the 3rd of the Do subway Station located in Busan Jin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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