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(영문) 부산지방법원 동부지원 2014.06.25 2014고단576
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 of the final judgment.

Reasons

Punishment of the crime

On July 26, 2007, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the Incheon District Court, etc., and on June 12, 2009, the same court was sentenced to a fine of five million won or more due to a violation of the Road Traffic Act, etc., on at least two occasions. However, on January 10, 2014, at around 01:07, the Defendant driven a crops under the influence of Article 44 (1) of the Road Traffic Act from approximately 200 meters to the front road of the Korean power plant located in the same city, the Defendant driven a crops under the influence of alcohol concentration of about 0.192% under the influence of alcohol from the 200 meters section to the front road of the Korean power plant located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution);

1. Probation, community service order, or order to attend a lecture, under Article 62-2 of the Criminal Act (the possibility of re-offending in light of criminal records);

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