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(영문) 부산지방법원 2016.11.30 2016고단5417
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 March 28, 2013, the Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on March 28, 201 and KRW 4,00,000 as a fine in the same court on October 7, 2014.

On August 5, 2016, at around 00:25, the Defendant driven a B B B-low-low-scale car under the influence of alcohol level of 0.108%, and operated approximately 500 meters to the front of the solar industry in front of the Taegudong in Busan Geum-dong, which is located in the jurisdiction of the Busan Geumdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding the fine, the fact that the crime is recognized and the fact that the mistake is repented in depth);

1. An order to take probation and attend a lecture under Article 62-2 of the Criminal Act;

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