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(영문) 부산지방법원 동부지원 2016.10.24 2016고단1457

도로교통법위반(음주운전)

Text

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 December 17, 2007, the Defendant issued a summary order of fine of KRW 2.5 million for the same crime at the Daegu District Court and the Daegu District Court on January 25, 2008.

Criminal facts

On June 25, 2016, at around 02:33, the Defendant driven BM5 car in the state of alcohol alcohol 0.226% from the section of approximately 300 meters of alcohol alcohol concentration to the front road of the National Bank located in the same Jungdong, which is located in the Magu-dong, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Response to the request for appraisal;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (verification of suspect's records of driving under influence of alcohol), and application of two copies of summary order Acts and subordinate statutes;

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;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is that the defendant committed the crime in this case again despite the previous convictions of the same kind, in light of the fact that the defendant committed the crime in this case again despite the previous convictions of the same kind, and that the blood alcohol concentration is high, the defendant does not repeat the crime, but the defendant does not have any criminal record exceeding the fine, and the defendant's age and occupation are determined as ordered by taking into account all the normal data revealed