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(영문) 부산지방법원 서부지원 2019.04.30 2018고단2477
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

[criminal power] On June 13, 2015, the Defendant was issued a summary order of KRW 3 million by the Busan District Court for a violation of the Road Traffic Act, and a summary order of KRW 2 million by the same court on March 30, 2017 for a violation of the Road Traffic Act.

【Criminal Facts】

On October 29, 2018, at around 04:15, the Defendant driven CNA-si car in the state of alcohol with approximately 5km alcohol concentration of about 0.138% from the 5km section from the Maduk-dong B apartment in Busan to the front road of the Manduk-dong, Chungcheongnam-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to summary orders for sound driving);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act reflects the defendant's fault in depth, and considering that the defendant has no record

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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