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(영문) 부산지방법원 2015.06.10 2015고단1217
도로교통법위반(음주운전)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 17, 2015, at around 14:58, the Defendant started the road in front of the Gangseo-gu Office of Gangseo-gu Busan, Gangseo-gu, Busan, and driven Chodo motor vehicle under the influence of alcohol with approximately 0.442% of alcohol concentration in the section of about 8km in front of the Gangseo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes to the criminal place, the result of crackdown on drinking driving, and the circumstantial statement report on drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2007Da1548, Apr. 1, 2007);

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