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(영문) 부산지방법원 2016.01.26 2015고단8074
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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2013, the Defendant received a summary order of KRW 7 million from the Busan District Court to a fine of KRW 1,00,000 due to a crime of violating the Road Traffic Act, and a summary order of KRW 4 million from the same court on October 18, 2015 to a crime of violating the Road Traffic Act.

around 02:31 on November 8, 2015, the Defendant, who had a alcohol driving force twice or more, driven a car on Bcoon with a alcohol level of about 0.164% while under the influence of alcohol level of about 50 meters from around the trade influent restaurant located in Seocheon-dong, Busan to the fourth in the same Gupo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

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 by repeating the same kind of crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Special Consideration, such as the reflection of the accused and the fact that there is no past record of the crime exceeding the fine);

1. To observe orders to protect and attend lectures and to prevent recidivism under Article 62-2 of the Criminal Act;

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