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(영문) 부산지방법원 2014.08.29 2014고단4149

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 December 9, 2011, the Defendant issued a fine of four million won for a violation of the Road Traffic Act at the Ulsan District Court on December 9, 201, and a fine of three million won for a violation of the Road Traffic Act at the Busan East Branch Support on March 16, 2012.

On May 20, 2014, at around 00:53, the Defendant driven a car of B B Belgium while under the influence of alcohol with approximately 100 meters alcohol concentration of approximately 0.127% from the section of approximately 100 meters to the road before the “Yannam-gu Square” in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an inquiry report (Evidence List Nos. 2), criminal record, 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 the same kind of choice of punishment, drinking and taking values;

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;