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(영문) 부산지방법원 동부지원 2015.07.16 2015고단731
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On October 18, 2006, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court on August 18, 2006, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the same court on August 25, 2008, and a fine of KRW 4 million at the same court on January 3, 2011, etc. on more than two occasions, despite the fact that the Defendant violated Article 44 (1) of the Road Traffic Act, such as being issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the same court on January 3, 2011, on more than two occasions, on April 22 and 28, 2015, from the front of the packing on which it is impossible to identify the trade name in the Nam-gu Busan District Court at around 28, 2015 to the 132-ro 10.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);

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;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other factors as well as the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence is suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time, but it is reasonable to order the Defendant to provide community service and to take a compliance driving course for a certain period of time, and such sentence is determined as ordered.

(b)bed;

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