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(영문) 부산지방법원 2016.04.06 2016고단265
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

[criminal history] On August 8, 2006, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine of KRW 2,00,000 due to a violation of the Road Traffic Act (driving), a summary order of KRW 1,50,000 due to a violation of the Road Traffic Act (driving), and a summary order of KRW 5 million from the Ulsan District Court to a fine of KRW 2,00,000 due to a violation of the Road Traffic Act (driving) at the same court on February 22, 2008, and on October 27, 2011.

[Criminal facts] On December 30, 2015, the Defendant driven B Poter Cargo at approximately 500 meters away from the front road of the Jyang-dong School of Busan, Seoyang-gu, Busan, to the front road of the same Gu, and 0.130% of alcohol content during blood, while under the influence of alcohol, from around 11:05 to the front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes to inquiries about criminal history;

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 (including the fact that there is no previous conviction of suspension of qualifications or more, and the fact that a mistake has been repented in depth)

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

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