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(영문) 부산지방법원 2016.04.28 2016고단669
도로교통법위반(음주운전)등
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

On February 13, 2015, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on February 13, 2015, and was sentenced to a fine of KRW 3 million by the same court on December 4, 2013.

On January 18, 2016, the Defendant driven a B K5 car with approximately 200 meters alcohol content 0.151% under the influence of alcohol level 0.151% on the front road of a gold-free mountain site located in the same Ri on a pan-Eup water in Yangsan-si, Yangsan-si, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant’s repeated crimes on the grounds of sentencing, even though the nature of the crime is not less light in light of the Defendant’s repeated crimes, the punishment as ordered shall be determined in light of the sentencing conditions, such as the Defendant’s age, sexual behavior, environment, etc.

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