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(영문) 부산지방법원 2016.10.13 2016고단4529
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 June 25, 2008, the Defendant violated the provision on prohibition of driving under the influence of alcohol not less than twice under the Road Traffic Act by receiving a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million, and on September 14, 2009, by receiving a summary order of KRW 2 million from the same court as a crime of violating the Road Traffic Act.

At around 04:30 on July 16, 2016, the Defendant driven a car at the end of 15km in the amount of 20km from the vicinity of the forest market located in the city of the city of the city of the city of Busan to the forest of the forest of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc., which provides that the punishment for the same crime is not provided, but is not provided for after June 30, 2010. The punishment shall be determined as ordered in consideration of the following factors: (a) the punishment is not provided for the same crime; (b) the punishment is against the offender; and (c) the Defendant’s age, character and conduct, environment, etc.

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