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(영문) 부산지방법원 2016.10.28 2016고단5018
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 April 16, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on August 9, 2011, the Defendant was issued a summary order of KRW 2.5 million for the same crime at the same court.

On August 22, 2016, the Defendant driven a B-learning car from the front side of the lateral road located in the Plateral Zone of Busan, Busan, to the front side of the lateral road located in the Glateral Zone of Busan, on August 22, 2016, at approximately 3 km from the front side of the lateral road located in the Glateral Zone of Busan, the Defendant driven the B-learning car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records: Application of inquiry reports and investigation reports and investigation reports Acts and subordinate statutes, including criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. In addition, there is no record of criminal punishment exceeding the fine since the fact that the Defendant committed the instant crime was committed, even though there was a record of being subject to two criminal punishment due to a normal drinking run disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, and the fact that there is no record of criminal punishment exceeding the fine. In full view of the Defendant’s age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc.

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