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(영문) 부산지방법원 2016.11.16 2016고단5290
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 July 25, 2012, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million with a fine at the Busan District Court on February 10, 2015, respectively.

Although the Defendant had more than twice the record of violating the prohibition on drunk driving, on August 6, 2016, at around 22:10, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of about 0.068% from a section of about 300 meters to the entrance of the Taedae Park Park in the same Dong-dong, which was located in the Busan Yongdo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The application of Acts and subordinate statutes to inquiries, such as criminal records, and criminal investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the mistake is pened in depth, and the circumstances such as drinking and taking by drinking);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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