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(영문) 부산지방법원 2014.06.16 2014고단2636

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

[criminal power] On April 4, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on August 7, 2012, the Defendant was issued a summary order of KRW 5 million for the same crime.

【Criminal Facts】

On March 23, 2014, at around 01:10, the Defendant driven Bho-do car in the state of alcohol alcohol concentration of approximately 0.166% from the section of approximately 30 meters from the front of the Sungsung Middle School located in the Dong-dong, Busan to the front road of the Samsung Electronic Service Center located in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions: Application of criminal records and investigation reports (a summary order and attachment of written judgments) and statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are against the defendant, and the punishment shall be determined as the same as the order, taking into consideration various conditions of sentencing as shown in the pleadings of this case, such as the criminal records, the age, character and conduct of the defendant, and environment