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(영문) 부산지방법원 2014.09.19 2014고단5368

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 April 7, 2008, the defendant was sentenced to a summary order of two million won by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court on April 7, 2008, and on June 2, 2008, the defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving) at the Busan District Court.

On June 14, 2014, at around 03:47, the Defendant driven a B B B-be cruise car with a blood alcohol concentration of about 0.151% in the 20-meter section from the Do in front of the agricultural parking lot located in Chungcheongnam-dong, Busan, to the front road of the same agricultural road.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the results of the crackdown on drinking driving, or cutting the ctv video to a level;

1. Application of statutes to inquiries about criminal records, etc.;

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

1. Selection of imprisonment with prison labor in consideration of the same kind of punishment, drinking and taking values;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (in recent years, consideration is given to the fact that there is no record of the same kind of punishment);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;