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(영문) 부산지방법원 2016.04.20 2016고단803
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 March 17, 2009, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking) in the Busan District Court's branch court's jurisdiction on March 17, 2009; and

9.1. A person who has been issued a summary order of a fine of one million won in the same court for the same offense.

Nevertheless, the Defendant, while under the influence of alcohol content of around 00:05 on December 03, 2015, driven a 200-meter radius from BAW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of an inquiry letter, such as criminal history, and the application of Acts and subordinate statutes on investigation reports;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine and the fact that a mistake has been repented in depth) in the suspension of execution;

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