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(영문) 부산지방법원 2016.03.22 2015고단8426

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2010, the Defendant was issued a summary order of fines of two million won for a crime of violating the Road Traffic Act at the Busan District Court, and on March 30, 2012, a summary order of fines of three million won for the same crime was issued on March 30, 2012.

On December 6, 2015, the Defendant, while under the influence of alcohol content 0.218% in blood around 23:45, driven a Clearning car in the section of approximately 500 meters from the front of the commercial unfolded road in front of the main city of Geum-dong, Busan to the entrance of the construction site adjacent to the same Gu Geumdong subway Station.

Accordingly, the Defendant violated it more than twice even though he was prohibited from driving a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written consent to blood collection, request for appraisal, inquiry of the results of crackdown on drinking driving, report on the situation of the driver under driving, appraisal report, and report on the detection of the driver under driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity ( normal consideration, such as the reflection of the accused and the fact that there is no criminal record subject to punishment exceeding the fine due to the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered);

1. An order to attend a course under Article 62-2 of the Criminal Act;