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(영문) 부산지방법원 2013.06.26 2013고단1471

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 November 8, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of one million won or more due to a violation of the Road Traffic Act at the Changwon District Court on November 8, 2010, or a fine of three million won or more due to the same crime, etc. at the Busan District Court on December 6, 2010.

On December 2, 2012, at around 22:05, the Defendant driven C rocketing car with approximately 20 meters alcohol concentration 0.125% under the influence of alcohol at the section of about 20 meters from the Industrial Bank of Korea located adjacent to the Geumdong-gu, Busan to the Ethnician road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to summary orders in the same class);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Confession and reflect) of the suspended execution;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;