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(영문) 부산지방법원 2016.08.11 2016고단3252
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 26, 2011, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court. On April 21, 2014, the Defendant was sentenced to a fine of KRW 7 million for the same crime, etc. in the Busan District Court’s Dong Branch.

On May 21, 2016, at around 05:07, the Defendant driven B K3 cars under the influence of alcohol with approximately KRW 1 Km alcohol concentration of 0.207% from the front day of the funeral ceremony in the Jincheon-dong, Busan to the front day of the minutes for the Dong-gu, Busan.

Ultimately, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol by violating it again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Previous convictions in judgment: The application of an inquiry letter, such as criminal history, and an investigation report ( twice the drinking driving force);

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;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons Ordering to provide community service and attend lectures even if the two times punishment was imposed due to driving of drinking alcohol for the reason of sentencing, repeating the driving of re-driving, which is considerably unfavorable, and the amount of drinking is considerably high, and the amount of imprisonment without prison labor or heavier punishment is not imposed, and the amount of reflectment is considered as favorable factors, and the punishment is determined as ordered in consideration of the sentencing conditions such as the defendant's age, sexual behavior and environment.

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