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(영문) 부산지방법원 2017.05.17 2016고단8253
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

[2] On November 30, 2009, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on the part of November 30, 2009; on November 3, 2016, a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act at the Busan District Court’s Busan District Court issued a summary order of KRW 2,00,00 as a fine for a violation of the Road Traffic Act; on two or more occasions, the Defendant violated the prohibition of driving under the Road Traffic Act. On October 19, 2016, the Defendant was sentenced to a suspension of six months of imprisonment with prison labor at the Busan District Court, which became final and conclusive on October 27, 201

[Criminal facts] On October 6, 2016, the Defendant driven a dyp low-pollution car with about 3 meters in the parking lot for Busan Shipping Daegu C, Busan, while under the influence of alcohol 0.119% during blood transfusion around 21:00.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 suspended execution;

1. The punishment as ordered shall be determined by taking into account all the conditions of sentencing, including the following: (a) a crime under Article 62-2 of the Social Service Order Criminal Act was committed during the period of a suspended sentence, but is not the same as a crime under the suspended sentence; (b) a crime before the judgment becomes final and conclusive; and (c) a person who has no record of punishment exceeding

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