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(영문) 부산지방법원 2016.11.02 2016고단5391

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on July 15, 2009, and on October 26, 201, the Defendant issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act in the same court.

On August 16, 2016, at around 09:56, the Defendant driven C truck at a distance of about 35km from the front side of the Busan Northern apartment to the Jinhae-gu, Changjin-gu, Changjin-gu, 23, while under the influence of alcohol by 0.056% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (former and verification);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is no previous conviction in excess of a fine, the fact that there is no previous conviction in excess of a fine, the fact that the crime is recognized, and the fact that drinking is controlled while driving on the A.M. on the following day due to drinking at the night preceding day, and the circumstances