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(영문) 부산지방법원 2016.08.11 2016고단2532

도로교통법위반(음주운전)

Text

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

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

3.

Reasons

Punishment of the crime

On May 31, 2013, the Defendant is a person who has been sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court on May 31, 2013, and a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Busan District Court on July 29, 2014.

On April 7, 2016, under the influence of alcohol level of 0.085% among blood transfusion around 01:00, the Defendant driven a BM5 car at a section of about 10km from the parking lot of Hyundai Amke apartment in Busan Southern-gu to the front road, from the official door in Busan-dong, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to materials related to criminal history);

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

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

4. Consideration, such as the fact that an order to attend a course is not entered in the sentence of imprisonment without prison labor or 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 the Protection, Observation, etc. of the said