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(영문) 부산지방법원 2016.04.27 2015고단7336
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 March 27, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch, and on March 11, 2013, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act (drinking) in the same court.

On October 25, 2015, around 23:08, the Defendant driven BMW car in the state of 0.059% alcohol concentration in blood from around 5km section from the front of the bus terminal in Geum-gu, Busan Metropolitan City to the front of the square in Man-Nam-dong, the same Gu from around 25:08 to around the road in the Dong.

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 application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);

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 chosen;

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 (the fact that the error is divided in depth, and the circumstances, etc. of the crime in this case are considered);

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