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(영문) 부산지방법원 동부지원 2016.05.12 2016고단328
도로교통법위반(음주운전)등
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 October 26, 2006, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act in the Busan District Court, and a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act in the Changwon District Court through the Changwon District Court on July 23, 2014.

On March 19, 2016, at around 03:20 on March 19, 2016, the Defendant driven a B SP car under the influence of alcohol concentration of approximately 0.135% in a section of about 1km from the roads adjacent to the Gyeong University located in the Southern-gu Busan Metropolitan City to the Yellow-gu road located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 with the reasons for sentencing under Article 62-2 of the Criminal Act, and other various sentencing conditions as stipulated 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 the community service and compliance driving lecture for a certain period of time. Therefore, it is so decided as per Disposition.

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