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(영문) 부산지방법원 2015.04.08 2014고단10411

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 January 26, 2010, the Defendant is a person who has received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million, and on April 2, 2010 to a person who has received a summary order of KRW 3 million from the Busan District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act.

On December 20, 2014, at around 21:37, the Defendant driven the said car under the influence of alcohol concentration of about 0.179% from the CY parking lot located in the Busan Slockdong to the roads in front of the said U.S. mine.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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 (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Da13

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