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(영문) 부산지방법원 동부지원 2016.01.05 2015고단2274
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 22, 2010, the Defendant issued a summary order of Article 44(1) of the Road Traffic Act to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court on November 22, 2010, a fine of 1.5 million won for a violation of the Road Traffic Act (dacting driving) at the Busan District Court on November 6, 2012, and a fine of 1.5 million won for a violation of the Road Traffic Act (dacting driving) at the Busan District Court on November 3, 2015, on more than two occasions, on the part of which the Defendant violated Article 44(1) of the Road Traffic Act (dacting two times. However, on November 10, 203:38, the Defendant took a alcohol level of 00 percent from the road near the Namnam-gu, Busan District Court on the roads in the Southern-gu, Busan District Court on the roads in the Yellow-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, a statement on the circumstances of the driver of alcohol, and a report on the circumstances of the driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the confirmation of criminal records of the same kind), and other relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Taking into account the following circumstances with the reasons for sentencing under Article 62-2 of the Criminal Act, and other various sentencing conditions as stated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, circumstances leading to the Defendant to commit the instant crime, and the circumstances before and after the instant crime, the sentence of imprisonment to the Defendant is more isolated from society for a long time.

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