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(영문) 부산지방법원 2016.03.30 2015고단7502
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 4, 2006, the Defendant was sentenced to a fine of two million won on September 4, 2006 to a violation of the Road Traffic Act (dacting driving) in the Busan District Court's Dong Branch Branch, and a fine of one million won on August 29, 2008 by the same court.

On September 13, 2015, the Defendant driven a B-car at a distance of approximately 2 kilometers from the front side of the Nacheon Steel located in the Busan Jin-dong, Busan, to the front side of the Mocheon Steel located in the same Gu, while under the influence of alcohol content of 0.156% from blood around 01:30 on September 13, 2015.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that there is no previous conviction of qualification or more than the suspension of qualification, the fact that the mistake is pened in depth, and the circumstances, such as the background of the instant crime);

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