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(영문) 부산지방법원 2015.11.04 2015고단5567
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On June 4, 2013, the Defendant was notified of a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court, etc., and on October 22, 2013, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act in the same court on October 22, 2013, and the said judgment became final and conclusive during the current suspended sentence.

【Criminal Power” around August 16, 2015, around 09:10, the Defendant driven a f4.5t vehicle under the influence of alcohol content 0.178% under the influence of alcohol while under the influence of alcohol with approximately 120 meters from the front side of “E” iron bars operated by Defendant located in Busan Dong-gu, Busan to the front side of 13-gil 54, Dong-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on detection of a drinking driver, and inquiry into the results of crackdown on drinking;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports, dispositions not related to suspects, and reporting Acts and subordinate statutes;

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

1. In light of the fact that the suspended sentence is imposed for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and the driving of the instant case during the suspended sentence period and the blood alcohol concentration is very high, it is necessary to strictly punish the relevant crime due to very poor nature.

However, it shall be considered favorable circumstances, such as the fact that the drinking water has been driven after drinking up to the new wall and the driving distance is relatively short, and the punishment shall be determined by comprehensively taking into account the age, character, conduct, environment, etc. of the defendant.

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