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(영문) 부산지방법원 2016.05.03 2016고단292
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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 July 12, 2007, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of road traffic laws at the Changwon District Court on July 12, 2007. On February 4, 2009, the Defendant was issued a summary order of 2 million won by a fine at the Busan District Court for the same crime.

On December 25, 2015, under the influence of alcohol concentration of 0.097% from blood transfusion around 22:20 on December 25, 2015, the Defendant driven a C-car at a section of 1 km from the road front of a floodgate located in the Busan Gangseo-gu Busan Metropolitan Government 1 Dong, at the construction site of a large floodgate located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of written judgments on the same kind of crime as the suspect, etc.);

1. Relevant Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the selection of imprisonment for a crime, and the selection of punishment for a crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. In light of the fact that: (a) a violation of the Road Traffic Act, 4 times due to a violation of the Road Traffic Act, 3 times due to a violation of the Road Traffic Act (driving without a license), 4 times due to a violation of the Road Traffic Act (driving without a license) and two times due to a violation of the Road Traffic Act; (b) a violation of the Road Traffic Act (driving without a license); and (c) a violation of the Road Traffic Act (driving without a license) a violation of the Road Traffic Act; (c) a defendant has recognized and against his wrong; (d) a defendant was not subject to criminal punishment since 2009; and (e) a defendant was not subject to criminal punishment after 209; and (e) the defendant’s age, sex behavior, environment, background leading to the crime, circumstances leading to the crime

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