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(영문) 부산지방법원 2016.01.22 2015고단7653
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 January 27, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court, and on April 27, 2010, issued a summary order of KRW 2 million as a fine by the same court.

On March 13, 2015, the Defendant driven a C-Motor vehicle at a section of about 2 km from the Do in front of the “self-priced high level school” located in the Dong-gu Busan Metropolitan City, to the front road located in the same Dong-dong, while under the influence of alcohol content of 0.154% during blood transfusion around 03:10 on December 13, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (i.e., reflectability of the accused, the fact that there is no criminal history other than the previous conviction in the judgment, etc.);

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;

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