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(영문) 부산지방법원 2012.09.14 2012고합724

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 27, 2009, the Defendant was sentenced to a suspended sentence of 8 months at the Busan District Court for the crimes of violation of the Road Traffic Act, etc.; on May 31, 2010, the same court was sentenced to a fine of 10 million won for the crimes of violation of the Road Traffic Act.

On July 6, 2012, at around 21:16, the Defendant driven a B 1 ton cargo vehicle from the Do in front of the entrance of the same lock village located in the Gangseo-gu Busan Gangseo-do, to the Do in front of the entrance of the same lock village, while under the influence of alcohol with 0.083% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Inquiry report, investigation report by the prosecution (verification of records at least twice the driving by sound driving), and application of each of the statutes governing the judgment;

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. Consideration of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances required for the reasons for sentencing below), the defendant was sentenced to a fine of Busan District Court on May 27, 2009, for violation of the Road Traffic Act, for violation of the Road Traffic Act, for violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, damage, etc.) and for violation of the Control of Firearms, Swords, Explosives, etc. Act, and for violation of the Act on the Control of Firearms, Swords, Explosives, etc. on April 14, 2010, for whom two years of suspended sentence were sentenced, even though it had become final and conclusive on May 31, 2010, for whom two years of suspended sentence was under the period of suspended sentence, and the defendant was charged for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (a non-exclusive license) on April 14, 2010.