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(영문) 부산지방법원 동부지원 2016.04.20 2015고단1441

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2014, the Defendant was issued a summary order of a fine of KRW 7 million due to a violation of road traffic law in the Cheongju District Court's support on January 15, 2014, on two further occasions.

On July 30, 2015, at around 01:51 on July 30, 2015, the Defendant driven B car under the influence of alcohol concentration of 0.235% during blood, from the front day of the jum of yellow doer, which is located in the 2-4-lane 8-4 of the Articles of Incorporation, to the middle day of the 2-lane 8-lane of the Articles of Incorporation.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Investigation report (investigation into the results of blood collection);

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes of report on investigation (Attachment to judgment on electric cases);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Reasons for sentencing under Article 62-2 of the Criminal Act (public prosecutor's opinion) for the observation of protection and order to provide community service and order to attend lectures: Imprisonment with prison labor for six months (decision on a sentence) for a suspended sentence of two years, protection observation and order to attend lectures for six months;