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(영문) 부산지방법원 2013.05.15 2012고단9580

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 January 28, 2008, the defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Busan District Court's branch court's jurisdiction on January 28, 2008, and the same year.

6. The same court has been issued a fine of 2.5 million won or more for a violation of the Road Traffic Act, etc.

On November 6, 2012, at around 00:17, the Defendant driven B car under the influence of alcohol content of about 1k from the front of the Busan East-dong, Busan-dong to the front of the salary hospital located in the same Dong-dong-dong, the Defendant driven B car under the influence of alcohol content of about 0.107%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to an investigation report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;