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(영문) 부산지방법원 동부지원 2017.11.30 2017고단2202
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

[criminal history] On June 16, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Jung-gu District Court (drinking driving) and a summary order of KRW 3 million for a crime of violating road traffic laws at the Seoul Western District Court on February 14, 201.

[Criminal facts] On October 09, 2017, the Defendant driven BM520 vehicle volume from around 1km to the 3rd distance in the same Do-dong from the rolet in Busan metropolitan transportation Daegu, while under the influence of alcohol level of 0.159% among the blood transfusion around 00:25 on October 09, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

1. Articles 148-2 (1) 1 and 44 (1) of the Criminal Act, the selection of punishment for a crime under relevant Article 148-2 of the Criminal Act, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the confession and reflect of the defendant, the fact that there is no record of crime exceeding the fine since 1997, and the other all the reasons shown in this case, such as the age, sex behavior, environment, etc. of the defendant);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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