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(영문) 부산지방법원 2014.08.25 2014고단3882

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 27, 2012, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act, in Busan District Court’s branch court, and on April 23, 2014, to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, respectively.

On April 11, 2014, the Defendant, at around 02:03, driven a car under the influence of alcohol of 0.205% in blood alcohol concentration from approximately 50 meters to the way from the front side of the “clockb,” located in 353-2, Busan High-dong, Busan High-dong to the front side of the club located in the Busan High-dong.

As a result, the defendant was driving a motor vehicle more than twice and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, photograph, report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the status of the driver under the influence of alcohol;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes (Attachment of copies of summary order);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration, such as the fact that the defendant is against the defendant, and the fact that the defendant has no criminal records subject to the punishment beyond the fine);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;