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(영문) 부산지방법원 동부지원 2016.09.08 2016고단1214
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 November 11, 201, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on November 12, 2013, upon receiving a summary order of KRW 3.5 million for the same crime from the Busan District Court's Dong Branch, the Defendant was punished on at least two occasions for drinking driving.

On July 6, 2016, around 03:40 on July 6, 2016, the Defendant driven B earth and car under the influence of alcohol with about 300 meters alcohol concentration of about 0.082% from the front road located in the west-gu Busan Metropolitan City, Busan, to the route front of the Hadok Road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Previous records: Application of criminal records, etc. and investigation reports (report accompanied by a summary order of the records of driving sound driving) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant acknowledges the crime of this case, and the defendant has no record of criminal punishment of suspension of qualifications or heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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