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(영문) 부산지방법원 2016.05.27 2016고단545
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2015, the Defendant: (a) while under the influence of alcohol with 0.130% of alcohol content during blood transfusion at around 22:45, the Defendant moved to B at a section of approximately 300 meters away from the entrance of the Pacific Park at the same end of the Taedo-dong, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. There is no record of criminal punishment exceeding the fine that is more favorable than the fact that driving under the influence of alcohol has a record of being subject to two times of criminal punishment due to driving of alcohol while driving under the conditions unfavorable to the reasons for sentencing under Article 62(1) (hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, and there is no record of criminal punishment exceeding the fine that the distance of driving is not long. Since 2005, the Defendant was not subject to criminal punishment due to driving of alcohol, and the Defendant’s age, sex, sex, environment, background leading to the crime, circumstances leading to the crime, etc. shall be comprehensively taken into account.

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