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(영문) 부산지방법원 2016.10.12 2016고단4980
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 December 31, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Busan District Court on December 31, 2013, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Busan District Court on September 22, 2015, and was sentenced to a punishment for a drunk driving more than twice.

Nevertheless, on July 19, 2016, at around 23:35, the Defendant driven B non-stop motor vehicles under the influence of alcohol content of about 200 meters from the front side of the wood apartment in 104-8, the 104-8 Busan, Seodong-gu, Busan, to the front side of the car in 125, as the superintendent of Busan, from around 23:54 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The application of Acts and subordinate statutes to inquiries, such as criminal records, and criminal investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the fact that the mistake is divided in depth);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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