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(영문) 부산지방법원 2015.12.16 2015고단6667

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 August 27, 2015, the Defendant driven BM5 car under the influence of alcohol concentration of 0.242% at the section of approximately 26km in front of the square of the Geum-gu, Seo-gu, Busan to the roads in front of the square of the Geum-gu, Seo-gu, Busan at a 23:30 Gyeongsan-si on August 27, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to written reports on the results of crackdown on drinking driving and the circumstantial statements of drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding the fine for the same kind of crime, and the fact that there is a reflective fact);

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