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(영문) 부산지방법원 2016.08.17 2016고단3216
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 July 6, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court on July 6, 2009, and a summary order of two million won for the same crime at the same court on November 30, 2009. On October 12, 2010, the Defendant was sentenced to a suspended sentence of six months for the same crime at the same court.

On May 22, 2016, the Defendant, while under the influence of alcohol content 0.116% in blood at around 05:37, driven a 500-meter B rocketing B rocketing car at the top of the service site from the street boom at the bottom of the Busan YY, to the street boom at the lower end of the service site of the YY at the lower end of the service site.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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 which is chosen (referring to criminal records and relationships);

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

1. Article 62 (1) of the Criminal Act suspended execution ( normal consideration, such as the fact that the crime is recognized and the error is divided in depth);

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