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(영문) 부산지방법원 2016.05.03 2015고단3749
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 27, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on April 24, 2013, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court.

피고인은 2015. 5. 17. 05:30 경 혈 중 알콜 농도 0.203% 의 술에 취한 상태로 부산 사하구 장림동 누리아 띠 아파트 앞에 있는 짱구 식당 앞 도로에서부터 그 무렵 같은 동에 있는 누리아 띠 아파트 주차장에 이르기까지 약 50m 의 구간에서 B 택시를 운전하였다.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The fact that there is no record of criminal punishment exceeding the ordinary fine that is advantageous to the fact that there is a high level of normal drinking value unfavorable to the reasons for sentencing under Article 62(1) (the following favorable circumstances) of the Criminal Act, and that there is no record of criminal punishment for more than the ordinary fine that is advantageous to the fact that there is a record of criminal punishment due to drinking twice, and the punishment shall be determined as ordered by comprehensively taking into account the Defendant’s age, sex, environment, circumstances leading to the

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