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(영문) 부산지방법원 2015.10.27 2015고단5063

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 August 2, 2006, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court on August 2, 2006, and on February 7, 2011, the Defendant was issued a summary order of KRW 4 million for the same crime with the Busan District Court on February 7, 201.

Around 02:03 on July 25, 2015, the Defendant driven a B car at a distance of about 20 meters from the back side of the Agricultural Cooperative located in Gangseo-gu Busan, Busan, to the front road of the said Nonghyup, while under the influence of alcohol level of 0.181%.

As a result, the Defendant violated the prohibition of drinking driving more than twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Written consent to blood collection and written notification of requests for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records, court rulings, 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 with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the reflection of the accused and the fact that there is no record of the crime exceeding the fines);

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

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