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(영문) 부산지방법원 2016.02.03 2015고단8063
도로교통법위반(음주운전)
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 May 10, 2010, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court for a crime of violating the Road Traffic Act, and KRW 2 million by the same court on August 9, 2010 for a crime of violating the Road Traffic Act.

On November 17, 2015, around 23:56, the Defendant driven a B rocketing car under the influence of alcohol leveling 0.171% during blood alcohol level from a place where it is impossible to know whether it was once the Busan High-dong, Busan High-dong, to the front day of the camping market located in the same Gu.

Accordingly, the Defendant violated it more than twice even though he was prohibited from driving a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Making a statement on the circumstances of the driver who is placed in driving, making a report on the circumstances of the driver's driving, and inquiring about the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment exceeding a fine for the same crime, the violation of the law, and the clear social relationship);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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