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(영문) 부산지방법원 2016.01.26 2015고단8045

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

On November 23, 2011, the Defendant received a summary order of KRW 2.5 million from the Busan District Court due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 1.5 million from the same court on September 20, 2010 as a violation of the Road Traffic Act (drinking driving).

Nevertheless, the Defendant, while under the influence of alcohol level of 0.133% in blood around 23:49 on June 16, 2015, driven CPoter vehicle at approximately 40 meters in the section of about 178 meters from the high water level near the Busan-gu cooling-ro 178, Busan-do, to the upper water level B on the upper end.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

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

1. Selection of imprisonment with prison labor by repeating the same kind of crime;

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 ( normal consideration, such as the reflection of a criminal defendant and the fact that there is no record of the crime exceeding the fine for the same kind of crime);

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