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(영문) 부산지방법원 2017.01.12 2016고단6981
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;

Reasons

Punishment of the crime

[criminal history] On August 21, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and on April 23, 2014, the Defendant was issued a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the same court.

[2] On October 20, 2016, the Defendant driven B automobiles from a distance of about 4 km to the coast guard in Busan-dong, Busan-dong, 573-66, while under the influence of alcohol content of around 0.071% during blood in around 22:05.

As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) 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;

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that the known call value is not higher than each other,

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