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(영문) 부산지방법원 2017.11.01 2017고단3880
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 29, 2014, the Defendant was sentenced to a fine of KRW 2 million for a crime of driving under the Road Traffic Act at the Busan District Court's Dong Branch, and on July 2, 2014, a fine of KRW 5 million for a crime of driving under the Road Traffic Act at the Busan District Court, etc. on July 2, 2014, and on September 3, 2014, the Defendant was sentenced to a suspended sentence of KRW 2 years for 8 months for a crime of driving under the Road Traffic Act at the Busan District Court's Busan District Court on September 3, 2014, and on October 6, 2015, the Defendant was sentenced to a fine of KRW 10 million for a crime of driving under the Road Traffic Act at the Busan District Court's Busan District Court on at least two occasions.

On July 12, 2017, around 23:13, the Defendant driven a d SM5 car under the influence of alcohol of 0.073% in blood alcohol from approximately 500 meters to the pre-road of the department department store, in the same city from the public parking lot located in the Dong-dong 1, Busan Dong-dong, Busan Metropolitan City, to the center of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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