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(영문) 부산지방법원 2015.11.24 2015고단6046

도로교통법위반(음주운전)

Text

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 October 8, 2010, the defendant has a record of being sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court on November 9, 201, a fine of KRW 3 million for a crime of violation of the Road Traffic Act at the Busan District Court on November 9, 2010, and a fine of KRW 7 million for a crime of violation of the Road Traffic Act at the Busan District Court on September 18, 2012.

On July 24, 2015, at around 05:09, the Defendant driven a rash car while under the influence of alcohol of about 0.161% in the section of the section of the section of the 300th section of the area from which the 300th National Assembly of the Republic of Korea was able to drive the rash car in the state of alcohol of about 0.161% in blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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 with prison labor because of the same kind of crime committed;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the reflection of the accused and the fact that there is no record of the crime exceeding the fines);

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

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