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(영문) 부산지방법원 2014.08.08 2014고단4328

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 February 26, 2008, the Defendant violated the prohibition provisions of the Road Traffic Act (driving) by receiving a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Busan District Court's Dong branch on February 26, 2008, and a summary order of KRW 4 million as a crime of the same violation at the Busan District Court on September 4, 2008.

피고인은 2014. 5. 1. 00:50경 혈중알코올농도 0.214퍼센트의 술에 취한 상태에서 부산 연제구 연산동 크리스탈 주점 앞길에서부터 부산 동래구 안락로 싹뜰감자탕 앞길까지 약 2킬로미터 가량 B 그랜저 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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 selective drinking, taking into account the same punishment power, etc.;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the fact that there is no more penalty of suspension of qualifications or more);

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

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