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(영문) 부산지방법원 2017.02.21 2016고단8249
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 February 22, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Busan District Court, and on April 6, 2007, issued a summary order of KRW 5 million as a fine for the same crime in the Busan District Court's Dong Branch Branch.

On October 28, 2016, the Defendant driven BM MW U. S. car at approximately 500 meters from the Southern apartment parking lot located in Seopo-dong, Busan, to the same apartment space, while under the influence of alcohol content of 0.136% during blood transfusion around 23:25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the 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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) causes traffic accidents by driving under the influence of alcohol at once, driving under drinking, and driving under the influence of one-time criminal punishment due to an escape vehicle, etc. However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the fact that the punishment is recognized and against the mistake; (b) the fact that there is no record of criminal punishment exceeding the fine; (c) the Defendant’s age, sexual behavior, environment; (d) the background leading to the crime; and (e)

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