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(영문) 부산지방법원 2016.08.17 2016고단2225
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2007, the defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act at the Busan District Court, and on June 1, 2009, the defendant was sentenced to a summary order of 3 million won or more for a crime of violating the Road Traffic Act at the same court on June 1, 2009.

On May 2, 2016, the Defendant was under the influence of alcohol content of 0.097% during blood transfusion around 05:50 on May 2, 2016, the Defendant driven a 2 km-pubed car from the front day of the mutual influence of the trade name in the Geum-gu, Busan to the front day of the solar mine industry located in the Dong and Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. References to inquiries, such as criminal history, and application of the provisions of the Act and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The fact that the offense is recognized and the mistake is pened in depth, and circumstances such as the situation of drinking driving, etc.);

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