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(영문) 부산지방법원 2016.07.14 2016고단1263
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 July 18, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court’s branch branch (drinking driving). On December 16, 2015, the Defendant was issued a summary order of KRW 2 million for the same crime at the Busan District Court’s Busan District Court.

[2] While Defendant 1 was punished twice due to drinking, Defendant 2 driven a e-child car at around 00:5 on March 6, 2016, in around 200:00,000, the level of alcohol during blood alcohol level of approximately 2 km from the road front the Busan-dong, Busan-dong, Busan-dong, to the entrance road of the non-flod apartment.

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, investigation report (Attachment of a copy of a summary order), and summary order, to two copies of an order;

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 on the suspension of execution;

4. Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend a lecture shall be imposed in consideration of the sentencing conditions, such as the defendant's age, sexual conduct, environment, etc., and the fact that the nature of the crime is not easy, such as repeated driving of drinking for the reason of sentencing as long as the punishment was imposed due to drinking for the reason of sentencing, but it is against the fact that there is no less punishment than a suspended sentence, etc

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