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(영문) 부산지방법원 동부지원 2016.01.21 2015고단2328
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2008, the defendant was sentenced to a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on September 26, 2008, and on April 15, 2010, the defendant was sentenced to a summary order of KRW 2 million as a crime of violating the Road Traffic Act by receiving a fine of KRW 2 million from the same court.

On October 25, 2015, while under the influence of alcohol leveling to 0.148% among blood transfusions, the Defendant driven B-low-water vehicle at a section of approximately 200 meters from the “Grash,” which is located in the Busan Shipping Daegu Do, to the front of the intersection of the marine hot spring located in the same Jungdong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects and attachment to the suspect) and Acts and subordinate statutes, such as criminal history;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the following circumstances for sentencing under Article 62-2 of the Criminal Act, and other various sentencing conditions as stated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, background leading up to the Defendant to the instant crime, and the circumstances before and after the instant crime, etc., the execution of the sentence shall be suspended only once more than that of the Defendant’s imprisonment with prison labor for a prolonged period, but it is deemed reasonable to order the Defendant to attend a community service and compliance driving lecture for a certain period of time. Thus, the sentence shall be determined as ordered.

D. Unfavorable circumstances: The defendant committed the crime of this case without being subject to criminal punishment for the same crime.

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