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(영문) 부산지방법원 2016.12.15 2016고단4701

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 30, 2008, the Defendant received a summary order of KRW 3 million from the Busan District Court due to a violation of the Road Traffic Act (driving under the influence of alcohol), and the same court on October 29, 2009 received a summary order of KRW 3.5 million due to a violation of the Road Traffic Act (driving under the influence of alcohol), and on January 20, 2010, the Defendant violated the provision on the prohibition of driving under the influence of alcohol under the influence of alcohol under the influence of alcohol under the influence of alcohol under the Road Traffic Act by the same court on January 20, 201.

On August 1, 2016, at around 23:10 on August 23:1, 2016, the Defendant driven a car with approximately KRW 500 meters of alcohol from the vicinity of the Busan East-dong Port to the front road of the 360 East East-dong 360 East-dong Do.

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;

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. The fact that the punishment history including the sentence of suspending the execution of imprisonment for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act is significant including the sentence of suspending the execution of imprisonment due to driving under the influence of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the fact that a sentence of suspending the execution of imprisonment for the reason of other cases is not well-founded, and the fact that alcohol

However, the sentence shall be determined as per the order in consideration of the fact that the defendant is against the defendant, the age, character and conduct, environment, etc. of the defendant.