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(영문) 부산지방법원 2015.12.23 2015고단6274

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

[criminal power] On December 18, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Busan District Court on December 18, 201, and one million won for the same crime at the same court on January 7, 2010, and was sentenced to a fine at the same court on January 7, 2010.

【Criminal Facts】

At around 12:40 on August 30, 2015, the Defendant driven B B B B B B B B B BB125 with alcohol content of about 0.239% from around the 700-meter radius to the road before the head of the Si/Gun/Gu in the City of Sho-gu, Busan to the head of the Si/Gun/Gu in Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of criminal records, etc. and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding the fine for the same kind of crime, and the fact that there is a reflective fact);

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