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(영문) 부산지방법원 2016.11.24 2016고단5953

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal power] On June 8, 2009, the Defendant issued a summary order of KRW 3 million at the Busan District Court as a crime of violation of the Road Traffic Act (driving). On November 1, 2010, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court on November 1, 201.

【Criminal Facts】

At around 00:10 on September 29, 2016, the Defendant driven B automobiles from a distance of about 500 meters from the home flusium road located in the Busan Dong-gu, Busan, to the clusium road located in the Seogdong-gu, Busan, the level of alcohol content of which is 0.149%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

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;

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

3. Article 62 (1) of the Criminal Act;

4. Taking into account the fact that an order to attend a lecture has no imprisonment without prison labor or any heavier punishment for the same crime for which punishment is imposed under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc.