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(영문) 부산지방법원 2016.04.27 2016고단350
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 25, 2009, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act at the Busan District Court on March 25, 2009, and on July 6, 2009, the Defendant was sentenced to a suspended sentence of KRW 5 million for 8 months due to a violation of the Road Traffic Act (driving), etc. at the same court on July 6, 2009, and on September 2, 2009, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving), etc. at the same court on November 15, 201, and was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving), etc. at the Busan District Court on May 28, 2013.

On December 23, 2015, at around 00:30, the Defendant driven Cp lebiocon vehicle under the influence of alcohol content of about 800 meters at approximately 0.141% from the 800-meter section of alcohol content to the front road in the same Gu trigram-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the judgement, etc.);

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 (i.e., the fact that the error is divided in depth) in the suspension of execution;

1. An order to observe and attend protection and observation courses under Article 62-2 of the Criminal Act;

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