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(영문) 부산지방법원 2016.02.12 2015고단8077
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 5, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on July 10, 201, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the same court on July 10, 201, and on December 10, 201, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act.

[2] On December 2, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 0.085% from the 23km section of the blood alcohol level to the front road of the thought-gu trigram, Busan around 22:55 on the same day from the road in the 566-ro, Dong-dong, Dong-dong, Dong-dong, Do-dong, Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, Kim. 22:25 on December 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, 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 by repeating the same kind of crime;

1. The defendant, who committed a second offense during the period of the suspension of the execution of punishment for sentencing Articles 53 and 55(1)3 of the Criminal Act (the following circumstances considered as the reason for sentencing), was sentenced to a sentence on the defendant.

Provided, That the punishment shall be determined by reducing the amount of punishment in consideration of the circumstances, such as the confession and drinking volume of the defendant.

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