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(영문) 부산지방법원 2017.02.16 2017고단275
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 1, 2007, the Defendant was issued a summary order of KRW 1.2 million for a crime of violating the Road Traffic Act at the Busan District Court, and on September 13, 2010, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on September 13, 201, and thus, violated the prohibition of driving under the influence of alcohol more than twice under the Road Traffic Act.

On January 7, 2017, the Defendant driven a car with approximately KRW 3 km B, from the gas station in the vicinity of the Busan East-gu, Busan-dong, to the exit of the 20,075 km-dong, Busan-dong, under the influence of alcohol content of 0.075% among blood transfusion around 04:10, the Defendant driven a car with approximately KRW 3 km-dong from the gas station in the vicinity of the 3-east-dong, Busan-dong, Busan-dong.

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 Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act (including the fact that there is no past career of imprisonment without prison labor or any heavier punishment, and the fact that it is against the law).

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

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