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(영문) 부산지방법원 2017.01.12 2016고단6776
도로교통법위반(음주운전)
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 October 29, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and on April 21, 2009, with a fine of KRW 4 million with a penalty of violation of the Road Traffic Act at the Busan District Court.

On September 12, 2016, the Defendant driven a B-learning car from the front side of the public parking lot in the Youngcheon-dong, Busan, Seocheon-gu, Busan to the front side of the public parking lot in Seocheon-dong, Busan, with a alcohol concentration of 0.233% from blood around 21:30 on September 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiry letter, investigation report (formers and attachment thereto) and Acts and subordinate statutes, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

3. Article 62 (1) of the Criminal Act (including the fact that there is no past career of imprisonment without prison labor or any heavier punishment, and the fact that it is against the law).

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

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