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(영문) 부산지방법원 2017.02.09 2016고단8456
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;

3.

Reasons

Punishment of the crime

[criminal history] On September 23, 2015, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Ulsan District Court on November 9, 2015, and was issued a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Busan District Court.

[2] On December 12, 2016, the Defendant driven a car at a distance of about 15km from the front day of the new world department store located in the Dong located in Kimhae-si in and outside of the city of Kimhae-si to the entrance of the tunnel for settlement of accounts, which is about 15km from around 15km to the entrance of the tunnel for settlement of accounts, in a state of alcohol content of 0.09% during blood transfusion around 23:25, 2016.

As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.

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 a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

3. Article 62 (1) of the Criminal Act (including the fact that there is no past career of imprisonment without prison labor or any heavier punishment, and the fact that it is against the law).

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

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