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(영문) 부산지방법원 동부지원 2013.08.20 2013고단1799
도로교통법위반(음주운전)등
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 7, 2011, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act ( sound driving), and on May 21, 2013, from the Busan District Court's branch branch, a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) and each of the above summary orders became final and conclusive.

From March 31, 2013 to July 8, 2013, the Defendant, while under the influence of blood alcohol level of 02:20% on May 18, 2013, the Defendant driven a f knife-do car from the 2km section of approximately 2 km from the south-gu Busan Metropolitan City to the 208 Southern-dong Samcheon-dong, Busan Metropolitan City in the direction of alcohol level of 0.189% on May 18, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Request for appraisal, report on driving of a motor vehicle, and the register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and each summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary punishment: Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there exists no record of punishment heavier than the fine, the fact that there is no record of being sentenced thereto, etc.);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

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

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