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(영문) 부산지방법원 2015.07.21 2015고단2267

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 October 25, 2003, the Defendant was sentenced to a fine of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act (refluence of measurement), etc. on February 28, 2004 to a fine of KRW 3 million by the Busan District Court for a violation of the Road Traffic Act (refluence). On December 22, 2008, the Defendant was sentenced to a fine of KRW 1 million by the Busan District Court for a violation of the Road Traffic Act (refluence) at the Busan District Court on December 22, 2008, a fine of KRW 2 million by the same court on September 7, 2010, and a fine of KRW 3.5 million by the Ulsan District Court on February 8, 2012, respectively.

On March 23, 2015, around 23:30 on March 23, 2015, the Defendant driven B, under the influence of alcohol content of about 0.084% in the section of approximately 2 km from the front day of the So-dong So-gu Busan So-dong, Busan, a hot spring lot, to the roads adjacent to Dong-dong department stores.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes to the management inquiry report, records of the investigation report, criminal records records, investigation reports (reports on previous convictions and attachment records of the same type);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Special Consideration such as confession of the accused);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the circumstances above and the fact that the defendant has no previous conviction due to the same kind of crime);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;