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(영문) 부산지방법원 2016.11.30 2016고단6401
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 August 14, 2009, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act at the Busan District Court on two years and six months, and on January 11, 2010, the Defendant violated the prohibition of driving under the influence of alcohol on two or more occasions under the Road Traffic Act by receiving a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) in the same court.

On October 1, 2016, at around 20:53, the Defendant was under the influence of alcohol with approximately 0.123% of blood alcohol concentration, and was driving with approximately 1m of D-C-cafeteria No. 1m in the Busan Northern-gu C-cafeteria parking lot.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiry reports, such as criminal records, and the application of Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (i.e., the fact that a suspended sentence is recognized and a mistake is divided in depth);

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