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(영문) 부산지방법원 2013.05.21 2013고단720

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 August 25, 2008, the Defendant was sentenced to a suspended sentence of 6 months at the Busan District Court for the crimes of violation of the Road Traffic Act, etc., and on July 13, 2012, the Defendant was issued a summary order of 1,50,000 won for the crimes of violation of the Road Traffic Act at the Busan District Court's Dong Branch Branch.

On January 27, 2013, at around 06:30, the Defendant driven BM7 car under the influence of alcohol level of about 0.090% in the 3km section from the front of the congested intersection in the Busan Jin-dong, Busan, to the front of the 1st public security center located in the Gu-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Criminal records, summary orders and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

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