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(영문) 부산지방법원 2016.01.13 2015고단7133

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 May 18, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on August 10, 2012, the same court was sentenced to a suspended sentence of eight months for the same crime.

[2] On October 27, 2015, under the influence of alcohol concentration of 0.159% during blood transfusion around 16:35 on October 27, 2015, the Defendant driven BM7 car at the street parking lot located in Busan Northern-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared by the defendant and C;

1. Inquiries about the results of crackdown on driving alcohol, reports on the circumstances of the driver under driving alcohol, and field photographs;

1. The investigation report (the list No. 6 of evidence);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (Evidence List No. 12) by statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that a vehicle has been parked again in order to drive a parked vehicle and the driving distance is very short, the fact that a reflects on the parking distance, and that

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