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(영문) 부산지방법원 2017.09.27 2017고단4069
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 September 19, 201, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Traffic Act at the Busan District Court on September 19, 201, and the Defendant was sentenced to a summary order of a fine of 3 million won for the same crime, etc. at a common military court of the fifth group of the army on July 28, 2007, and was sentenced to a summary order of a fine of 3 million won for drinking more than twice.

On April 6, 2017, around 02:30, the Defendant driven B-low-income cars under the influence of alcohol with approximately 300 meters alcohol concentration 0.249% at a section of approximately 300 meters from the front side of the G-dong, Busan-dong, Busan-dong, to the front intersection of the K-dong 3 Public Security Center.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the same kind of force), and other relevant Acts and subordinate statutes;

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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