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(영문) 부산지방법원 2016.01.26 2015고단8082
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 2, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Busan District Court, and on May 2, 2013, the same court issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act.

On November 20, 2015, at around 23:55, the Defendant driven B Poter in the state of alcohol alcohol concentration of about 500 meters from a mutual influent parking lot located in the Seo-dong, Busan, to the front road of the master craftsperson located in the Dong-dong, Busan, to the master craftsperson located in the Dong-dong, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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

1. Selection of imprisonment with prison labor by repeating the same kind of crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the reflection of a criminal defendant and the fact that there is no record of the crime exceeding the fine for the same kind of crime);

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

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