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(영문) 부산지방법원 2015.05.26 2015고단1658
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 July 17, 2012, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Busan District Court on July 17, 2012, and a summary order of KRW 2.5 million to a fine at the same court on July 2, 2014, respectively.

On March 5, 2015, at around 23:45, the Defendant driven a C-car under the influence of alcohol concentration of about 1km from the new sub-committee located in Gangseo-gu Busan Metropolitan City to the acquisition intersection located in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other 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 (i.e., confession and the fact that there is no previous conviction in excess of the amount of the fine, considering favorable circumstances);

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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