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(영문) 부산지방법원 2016.06.28 2016고단1579
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on September 25, 2013, and on October 13, 2014, the Defendant was issued a summary order of KRW 2.5 million for the same crime at the same court.

On 26, 2016. 21:22, the Defendant driven CCoon-sports vehicles in the section of about 3 km from the street in front of the infinite office located in the Yongsan-dong, Changwon-dong, Changwon-si, which was under the influence of alcohol by 0.088% during blood transfusion, to the front of the finite-dong, Busan Gangseo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A response to a request for appraisal (2016-S-730);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. There is no record of criminal punishment exceeding the Defendant’s age, sex, environment, background leading to the crime, circumstances after the crime, etc., even though there was two times of punishment due to driving under normal drinking unfavorable to the reasons for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act, and there is no record of criminal punishment going against the fact that the Defendant committed the crime of this case. In addition, the punishment is determined as ordered by comprehensively considering the Defendant’s age, sex, environment, circumstances leading to the crime, etc.

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