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(영문) 부산지방법원 2015.11.17 2015고단5050

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 17, 201, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act in the Busan District Court on May 17, 201, and a fine of 4 million won for the same crime in the Busan District Court's Dong Branch Branch on December 26, 2012.

On June 1, 2015, at around 05:50, the Defendant driven a Bbee cruise car with approximately 100 meters alcohol concentration of about 0.075% in a state of under the influence of alcohol to the front of the Crob apartment located in the same Dong-dong from the Dong-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the state of drinking driving, and inquiry into the results of the crackdown on drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 because of the same kind of crime committed;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the reflectivity of the accused, the degree of drinking alcohol level, and the fact that there is no criminal record beyond a fine for the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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