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(영문) 부산지방법원 2015.09.22 2015고단2817

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 February 21, 2007, the Defendant was sentenced to a fine of KRW 500,00 for a violation of the Road Traffic Act (driving) at the Busan District Court on September 22, 2009, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Busan District Court on September 22, 2009, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court on August 21, 2015.

The defendant is a person who is engaged in driving a Cren car.

On April 29, 2015, at around 05:45, the Defendant driven a car with approximately 5 meters from before the end of the mutual influence at the bottom of Busan, which was under the influence of alcohol 0.081%, to the lower end of the fire station located at the bottom of Busan, the Defendant driven the car at least 5 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (attached to indictments, etc. and Busan District Court rulings, etc.);

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

1. Selection of imprisonment because it is repeated to commit the same kind of crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that the defendant has no record of crime exceeding the fine imposed on the defendant);

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;