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(영문) 부산지방법원 2016.04.06 2016고단415
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2013, the Defendant issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 2.5 million as a fine in the same court on October 19, 201.

On December 26, 2015, the Defendant driven a car with approximately 30 meters of 0.089% alcohol concentration around the two transmitting middle schools located in the Seo-gu Busan Metropolitan City, Seo-gu, Busan Metropolitan City, to the front of the Grand church, while under the influence of alcohol content of at least 0.089% in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (a summary order accompanied by a copy of the summary order);

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 on the stay of execution (the fact that there is no previous conviction of qualification or more than the suspension of qualification, the fact that the mistake is pened in depth, and the circumstances, such as the background of the instant crime);

1. An order to take lectures under Article 62-2 of the Criminal Act;

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