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(영문) 부산지방법원 2016.11.25 2016고단5503
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

[criminal power] On May 17, 2010, the Defendant was issued a summary order of KRW 1,500,000 with a fine of KRW 1,500 as a crime of violation of the Road Traffic Act at the Changwon District Court. On April 14, 2011, the Defendant was issued a summary order of KRW 1,50,000 with the same crime at the Busan District Court. On July 25, 201, the Changwon District Court issued a summary order of KRW 3,50,000 with a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 8, 2016, at around 03:25, the Defendant driven B-low-scale car at approximately 10km from the vicinity of the Geumdong-gu Busan Seodong-gu, Busan to the Maddong-dong, Manddong-dong, Busan, while under the influence of alcohol content of 0.107%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, attachment of the same type of electric power, and application of statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. Although the probation, community service order, and order to attend a lecture had the record of three times criminal punishment due to a normal drinking run disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, there is no record of criminal punishment exceeding 0.1% of the fine as the result of recognizing the favorable error of the charge of the instant crime and reflecting the fact that the drinking alcohol level exceeds 0.1% of the fine. In addition, the punishment shall be determined as per the order by comprehensively taking into account the Defendant’s age, character and behavior, environment, circumstances leading

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