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(영문) 부산지방법원 2015.11.24 2015고단5851

도로교통법위반(음주운전)

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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 November 30, 2007, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's order on November 30, 2007, and a summary order of KRW 5 million for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Busan District Court on April 17, 2014.

At around 23:00 on September 8, 2015, the Defendant driven Benz’s car at approximately 500 meters away from the old world near the Taeju apartment in Seo-gu, Seo-gu, Busan to the front of the modern pharmacy in the same west-dong, while under the influence of alcohol content of 0.152%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to the same type of criminal records);

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 confession of the accused, the fact that there is no record of the offense exceeding the fine, etc.);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;