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(영문) 부산지방법원 2015.10.28 2015고단5293

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

[criminal power] On February 15, 201, the Defendant was issued a summary order of KRW 700,000 by the Busan District Court to a fine for a violation of the Road Traffic Act, and on January 25, 2012, a summary order of KRW 4 million was issued on January 25, 201 to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On August 14, 2015, at around 01:00, the Defendant driven B low-end car with a blood alcohol content of about 0.241% under the influence of alcohol at a 1km section from the front road of the Dondong-dong, Dondong-dong, Busan to the front road of the Dondong-dong, Seodong-dong, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, report on the circumstantial statements of a drinking driver, and management and inquiry of the report on the driving under the influence of alcohol;

1. Previous records of judgment: Application of inquiry reports and investigation reports (a confirmation of the identity of a suspect and attachment of a summary order of the same record) including criminal records, etc.;

1. Relevant Article of the Act concerning the facts constituting an offense 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 (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment exceeding a fine for the same kind of crime, the violation of the law,

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