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(영문) 부산지방법원 동부지원 2016.10.17 2016고단1428
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2006, the Defendant was sentenced to a fine of KRW 700,000 for a crime of violation of the Road Traffic Act at the Busan District Court, and on March 14, 2011, issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court's Dong Branch Branch.

Criminal facts

On August 4, 2016, at around 01:45, the Defendant was under the influence of alcohol with a blood alcohol content of 0.174%, and the Defendant was driving a B K5 car in an amount equivalent to approximately KRW 600 meters from the front side of the shipping beach located in the Busan High Sea-gu Do, Busan, to the vicinity of the ozone distance located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the driver;

1. Previous records of judgment: Application of inquiries into criminal records, etc., a copy of the judgment (the Busan District Court 2006 High Court 2006 High Court 4482), a copy of summary order (the Busan District Court 201 High Court 711 High Court 201

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable consideration):

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is heavy in light of the fact that the defendant committed again the crime of this case even though he had the same criminal record, but the defendant is committed not to repeat the crime of this case. The defendant does not have any criminal record exceeding a fine in the past, and the defendant has no criminal records beyond a fine in the course of the trial, and the circumstances leading to the driving of the defendant shall be determined as ordered by taking into account

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