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(영문) 부산지방법원 2016.11.17 2016고단5071
도로교통법위반(음주운전)
Text

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

2. Provided, That 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 October 10, 2007, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Busan District Court on October 10, 2007, and on October 20, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the same court.

【Criminal Facts】

On August 27, 2016, the Defendant driven a blood alcohol concentration of 0.076% on August 27, 2016, the Defendant driven approximately KRW 500 meters from the distance of approximately 500 meters to the front road of the 7080-crab in Busan B from the YGG to the 152-crab.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previouss before ruling: Criminal history records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act (including the fact that there is no past career of imprisonment without prison labor or more, and the fact that it is against the law);

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