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(영문) 부산지방법원 2013.09.25 2013고단4677

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 12, 2010, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Busan District Court on March 12, 201, and a summary order of KRW 2.5 million by the same court on July 22, 201, and violated Article 44 (1) of the Road Traffic Act at least twice.

On July 25, 2013, at around 00:06, the Defendant driven B 2 cargo vehicles with blood alcohol content of about 700 meters from the front distance of the early fest in Busan Dong-dong, Busan to the front path of the same Gu's Sucheon-dong in the same Gu, from a section of about 700 meters, while under the influence of alcohol of about 0.149%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to judgment, such as the same type of power);

1. Relevant law concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (the fact that the defendant has been punished three times for a drunk driving, one time for a unlicensed driving, and the fact that the defendant has been punished once for a drunk driving, and the amount of drinking at the time of committing the crime in this case

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession and reflect);

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

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