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(영문) 부산지방법원 2017.07.05 2017고단2377
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 July 10, 2008, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch branch on July 10, 2008, and on March 3, 2015, the Defendant issued a summary order of a fine of 1.5 million won for the same crime at the Busan District Court's Busan District Court's Busan District Court's Dong branch on at least two occasions.

On April 4, 2017, at around 22:30, the Defendant driven B K7 car with alcohol content of 0.145% at a distance of about 100 meters from the front day of the “Mancheon church in Busan, Busan, which is located in the network volume of Busan, to the front day of the 100-day elementary school located in the Dong-dong in Busan, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and a report on the appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of two copies of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the previous convictions in the same case), and summary order;

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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da10

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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