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(영문) 부산지방법원 2017.01.12 2016고단6748
도로교통법위반(음주운전)
Text

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

2. Provided, That the execution of the above sentence 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 17, 2016, the Defendant driven a car with approximately 10km B mpherm from the front side of the Busan-dong, Busan-dong to the Manduk-dong, Busan-dong, with alcohol content of 0.220% among blood transfusion around 07:10%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62(1) of the Act on the Suspension of Execution provides that a person who was punished by a fine due to driving under the influence of alcohol for the reason of sentencing under Article 62(1) is punished, and thus repeats driving under the influence of alcohol; the fact that the amount of alcohol is considerably high is contrary to the circumstances that are considerably unfavorable; the fact that there is no past record of imprisonment without prison labor or any higher punishment is advantageous; and the punishment is determined as ordered in consideration of the defendant’

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