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(영문) 부산지방법원 2014.04.30 2014고단475

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 7, 2009, the defendant was issued a summary order of a fine of three million won at the Busan District Court for a crime of violation of the Road Traffic Act (driving). On August 31, 2005, the defendant was sentenced to imprisonment of four months at the Busan District Court for a crime of violation of the Road Traffic Act (driving) and the same power is six times.

【Criminal Facts】

On December 15, 2013, at around 00:41, the Defendant driven a Crens car in the state of alcohol with a blood alcohol concentration of about 0.224% from around 1 kilometer to the front day of the 2nd-dong, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the statement of the status of a drinking driver, a report on the status of a drinking driver, a report on the actions taken against a drinking driver, an inquiry into the results of the crackdown on drinking driving

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

1. The defendant is sentenced to the same punishment as the order in light of the following: although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant, the defendant is under significant influence of alcohol, and the defendant has been sentenced to a fine due to a drunk driving, etc., a suspended sentence of imprisonment with prison labor for six months and a suspended sentence of imprisonment for four months, etc.

It is so decided as per Disposition for the above reasons.