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(영문) 부산지방법원 2016.11.24 2016고단5312
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 14, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on June 19, 201, the Defendant issued a summary order of KRW 5 million for the same crime, etc. at the same court on June 19, 201, and on December 23, 201, the Defendant issued a summary order of KRW 7 million for the same crime, etc. at the same court on December 23, 2014, and was in violation of Article 44(1) of the Road Traffic Act on more than two occasions.

On August 25, 2016, at around 04:41, the Defendant driven B, a 31 ton truck, under the influence of alcohol, with approximately 2 km from the 2km section to the front road of the Cheongdo-dong Busan Cheongdo-dong Busan Cheongdo-dong Busan Cheongdo-dong Busan Cheongdo-dong Busan Do-dong Do-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

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