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(영문) 부산지방법원 2015.09.23 2015고단4674

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 1, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's Busan District Court's branch court's order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) on October 1, 2013.

Criminal facts

On July 22, 2015, around 22:15, the Defendant driven Cone Star Motor Vehicle with approximately approximately 200 meters alcohol concentration of 0.208% from the front side of the pine cluster located in the Seocho-gu Busan Metropolitan City to the front side of the same Gu-ro 145 (Seo Dong-dong).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a driver, a report on circumstances of a driver, and a report on the circumstances of a driver's license;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment exceeding a fine for the same kind of crime, the violation of the law,

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