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(영문) 부산지방법원 2016.09.07 2016고단3729
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 became final and conclusive.

Reasons

Punishment of the crime

On February 17, 2009, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court, and on May 24, 2012, the Defendant was sentenced to a suspended sentence of 2 months by imprisonment with labor for the same crime at the Changwon District Court.

On July 2, 2016, at around 06:23, the Defendant driven B K9 car with a blood alcohol concentration of 0.074% under the influence of alcohol at approximately 200 meters from the 200-meter section from the roads near the Busan High-dong, Busan Metropolitan City to the global loan road in the same location.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Act and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (Attachment to the same type of judgment);

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 (the fact that the offense is recognized and the error is divided in depth, and circumstances such as the situation of drinking driving);

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