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(영문) 부산지방법원 2015.09.16 2015고단4053
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 May 3, 2015, the Defendant was under the influence of 0.213% of blood alcohol concentration around 22:40 on May 3, 2015, and was driving B Poter cargo at a section of approximately 500 meters from the annual market near Busan Soksan-dong to the high-level 96 Dricking road in Busan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the report on the circumstances of running the driving of the driver and the circumstantial statement of the driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (In consideration of the fact that imprisonment and a sentence are highly high in blood alcohol concentration and that the same criminal history has four times or more, etc.);

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 depth of the crime, and

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

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