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(영문) 부산지방법원 2014.08.22 2014고단5975
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 24, 2002, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act in the Busan District Court's Dong Branch, etc. on December 24, 2002, and was sentenced to a suspended sentence of six months in the Busan District Court on April 26, 2007, and was sentenced to a suspended sentence of one year for the same crime. On March 23, 2011, the Defendant was sentenced to a suspended sentence of two years in the Busan District Court's Dong Branch, and was sentenced to a fine of two times more for the same crime.

On May 21, 2014, at around 22:12, the Defendant driven a CF car under the influence of alcohol of about 2.7km from the front side of the Seongbuk-dong, Busan to the front side of the LG electronic visa shop located in the Dong-dong, Busan, for about 0.132% of alcohol concentration.

As a result, the defendant has violated the prohibition on drunk driving (Article 44 (1) of the Road Traffic Act) not less than twice and has driven a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment in consideration of the same kind of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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