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(영문) 부산지방법원 2016.08.31 2016고단3833
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and on December 13, 2011, the Defendant was issued a summary order of KRW 3 million at the same court as the same crime.

On July 3, 2016, at around 06:0, the Defendant driven C B-a-car under the influence of alcohol with approximately 0.064% alcohol concentration at a 1km section from the Defendant’s house located in Busan Metropolitan City, Seo-gu, B to the roads located in Dong-do at the same end of the Gu to the roads located in Dong-do Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of a request for appraisal and blood appraisal;

1. A report on internal investigation (referring to the collection of blood from a suspected person);

1. A report on the detection of a primary driver;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to previous decisions) 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. Article 62 (1) of the Criminal Act suspended execution ( normal consideration, such as the fact that the crime is recognized and the error is divided in depth);

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