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(영문) 부산지방법원 2016.08.31 2016고단3910
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 7, 2012, the Defendant received a summary order of fines of two million won or more as a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's Dong Branch Branch, and on October 22, 2012, a summary order of 4.5 million won or more as a fine in the same court.

On July 14, 2016, 05:18, while the Defendant was under the influence of alcohol content of 0.090% during blood transfusion, the Defendant driven a B rocketing-top vehicle within approximately 500 meters from the Gu of Geum-gu, Busan to the front of the Sinnam square located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of replys to inquiries, such as criminal history, investigation reports (formers and attachment thereto) and statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the fact that the mistake is divided in depth);

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