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(영문) 부산지방법원 2013.10.02 2013고단4440
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 16, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act, and a summary order of KRW 3.5 million for the same crime at the same court on December 1, 2009.

On June 20, 2013, at around 22:55, the Defendant driven BEM car in the state of alcohol with approximately 150 meters alcohol concentration 0.213% in the section of approximately 150 meters from the trigrams in front of the trigrams in Busan, Seo-gu, Busan to the roads in front of the Busan, Seo-gu trigramsium.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Application of statutes concerning criminal records;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment (it shall take into account the same criminal records, drinking volume, etc. of the accused);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., distance from driving, circumstances surrounding driving, etc.);

1. Article 62 (1) of the Criminal Act;

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

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