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(영문) 부산지방법원 2015.09.01 2014고단10050
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 14, 2007, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the Jeonju District Court and the Busan District Court issued a summary order of KRW 2 million for the same crime on July 16, 2012.

On November 23, 2014, at around 01:50, the Defendant driven a ecoo vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.187% from the section of approximately 100 meters from the road in front of the French-gu 3-dong, Busan to the road in front of the north-do-dong, 3-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Written consent to blood collection, written response to requests for appraisal, and report on the detection of the driver;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., confession of the accused and the charges in the same kind of crime, in consideration of the fact that there is no record of

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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