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(영문) 부산지방법원 2016.10.12 2016고단5636
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 became final and conclusive.

Reasons

Punishment of the crime

On November 25, 2008, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million, and on March 23, 2009, issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving), and on September 14, 2010, issued a summary order of KRW 4 million at the same court on September 14, 201, and violated the prohibition of driving under the influence of alcohol on more than two occasions under the Road Traffic Act.

On September 18, 2016, at around 02:20, the Defendant driven a 1km BM7 car from the front of a restaurant located in the trade name in Seo-gu Busan Seo-gu, Seo-gu to the 181-way road located in Busan Seo-gu, Seo-gu, Busan, with the alcohol concentration of 0.134%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry reports, such as criminal records, and the application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including 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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