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(영문) 부산지방법원 2016.09.08 2016고단3912

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On July 10, 2009, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act from the Busan District Court's branch branch, and a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court's Busan District Court on March 27, 2014.

Criminal facts

On July 13, 2016, the Defendant was under the influence of alcohol with 0.122% of blood alcohol concentration around 11:39 on July 13, 2016, and the Defendant driven B rocketing car at approximately KRW 700 meters from the vicinity of the educational officer’s lane located in the school of the Seo-gu Busan Metropolitan City to the front direction of the light gate in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of two Acts and subordinate statutes of two copies of criminal history records, investigation reports (former records and attachment), and summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

3. Article 62 (1) of the Criminal Act;

4. The punishment as ordered shall be determined in consideration of the fact that the responsibility of the accused is not less than that of imprisonment without prison labor or heavier punishment, but it is against the fact that the responsibility of the accused is not less than that of imprisonment without prison labor or heavier punishment, and the sentencing conditions, such as the age, character and conduct, environment, etc. of the accused, by repeated driving of the reason for sentencing under Article 62