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(영문) 부산지방법원 동부지원 2015.08.12 2015고단937

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 of the final judgment.

Reasons

Punishment of the crime

On October 206, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court on November 28, 201 and a summary order of 1.5 million won for the same crime at the same court on November 28, 2012.

On March 22, 2015, at around 05:00, the Defendant driven a B rocketing car with the alcohol content zero point (0.227%) while under the influence of alcohol on March 22, 2015, and continued approximately KRW 1 km from the alcohol house called “Pedijin,” which is located in the middle-gu, Busan City Shipping and Daegu, to the bus stop of the city bus No. 31.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;