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(영문) 부산지방법원 2017.03.29 2016고단7887
도로교통법위반(음주운전)
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 May 8, 2009, the Defendant was issued a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch on May 8, 2009, and a fine of two million won or more as a same crime in the same court on March 26, 2010.

On December 5, 2016, the Defendant driven a B-car at a distance of about 200 meters from the front road of the Geumpo Cultural Center located in the Geumpo-gu, Busan to the front road of the Pacific apartment, which is around 0.154% of alcohol concentration among blood transfusion around 22:10.

Summary of Evidence

1. Statement by the defendant in court;

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

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 legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective facts and no record of punishment exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;

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