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(영문) 부산지방법원 2013.12.11 2013고단5419
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 8, 2012, the defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act in Busan District Court on February 8, 2012 and confirmed on February 16, 2012 and is still under probation.

On August 9, 2013, at around 23:25, the Defendant driven Cone Star Co., Ltd in the state of alcohol with approximately approximately 60 meters alcohol concentration of about 0.297% from the public parking lot located in the Dong-gu, Busan to the front day of the block apartment in the same Dong-dong on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment (the fact that there has been three-time penalties for driving without a license, three-time penalties for driving without license, and the fact that the blood alcohol concentration, etc. at the time of committing the instant crime shall be considered);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that driving is controlled to an extent of about 60 meters for delivery of a vicarious driving engineer and the fact that it is the most supported by the old parents and their children, etc.);

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