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(영문) 부산지방법원 2015.11.25 2015고단6147
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 September 1, 2015, at around 04:40, the Defendant driven B cab truck at a distance of about 20 meters from the front of the coast guard station located in Busan Seo-gu, Busan, to the front of the same sprink, while under the influence of alcohol by 0.256% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to report the results of crackdown on drinking driving, the report on the circumstantial statements of a drinking driver, and the situation of a drinking-driving;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of any record of punishment exceeding a fine for the same kind of crime, the absence of any special record of a crime other than that sentenced to a fine for the same kind of crime, the short driving distance, and the clear social relation);

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

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