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(영문) 부산지방법원 동부지원 2016.10.17 2016고단1402

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 6, 2016, at least 01:40, the Defendant driven a B food car under the influence of alcohol with approximately 1km from the front of the luminous beach road located in the Yandong, Busan, to the front of the Yandong, Busan, for about 0.235% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is important in view of the fact that the defendant committed the crime of this case again even though he had the past record of punishment for the same kind of criminal record, and the blood alcohol concentration is high. However, the defendant's confession and confession that the defendant does not reach recidivism, the defendant has no past record of a fine exceeding a fine, the defendant's age, occupation and family relationship, etc. shall be determined as ordered by taking into account all normal materials revealed in the trial process such as the court