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(영문) 부산지방법원 2016.10.20 2016고단4968
도로교통법위반(음주운전)
Text

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

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal power] On September 16, 2005, the defendant was punished for a fine of 1.5 million won as a crime of violation of the Road Traffic Act at the Busan District Court on July 11, 2006, a fine of 3 million won as a crime of violation of the Road Traffic Act (driving) at the Busan District Court on July 11, 2006, and a fine of 5 million won as a crime of violation of the Road Traffic Act (driving) at the Busan District Court on April 8, 2008, with a summary order of 5 million won or more issued at the Busan District Court on April 8, 2008

【Criminal Facts】

Nevertheless, at around 14:10 on July 9, 2016, the Defendant driven C rocketing car with a blood alcohol concentration of about 0.129% from the 3km section to the front road of the Busan Northern-ro, Busan Northern-ro, 263rd on the road prior to the Busan Northern-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (record 20 pages), application of three copies of judgment;

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;

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

3. Article 62 (1) of the Criminal Act;

4. The punishment as ordered, in consideration of the fact that even though the punishment was imposed three times due to driving under drinking alcohol for the reason of sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc., the punishment for the crime is not minor, but is not imposed as imprisonment without prison labor or heavier punishment, the fact that the punishment is against the fact that the punishment is not imposed, the age, character and conduct, environment, etc. of the defendant, shall be

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