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(영문) 부산지방법원 2015.02.09 2014고단9165

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

On September 24, 2004, the Defendant received a summary order of a fine of one million won or more due to a violation of the Road Traffic Act in the Busan District Court on September 24, 2004, a summary order of a fine of seven million won or more due to a violation of the Road Traffic Act (refluence of measurement) in the same court on February 21, 201, and a summary order of a fine of two million won or more due to a violation of the Road Traffic Act (refluence of measurement) from the Busan District Court's Dong Branch on October 15, 2013.

On October 24, 2014, at around 00:01, the Defendant driven a B Poteme car at a distance of about 3 kilometers from the beginning volume of the Seocho-gu Busan Metropolitan City to the front right of the same Gu, from the beginning volume of the elementary meat distance to the front right of the same Gu, under the influence of alcohol level of 0.23%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the state of driving under the influence of alcohol, the inquiry into the results of the control of drinking driving under the influence of alcohol, the inquiry request for appraisal, the assessment of blood alcohol concentration, and the written report on driving under the influence of alcohol drivers

1. Relevant provisions of Article 148-2 (2) 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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., that the defendant is against whom the suspension of execution is imposed, and that there is no criminal record against the defendant beyond the fine);