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(영문) 부산지방법원 2014.08.25 2014고단4873
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On January 20, 2010, the defendant was sentenced to a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Busan District Court, and on August 28, 2006, the defendant received a summary order of 1.5 million won for the same crime from the same court and received a summary order of 1.5 million won for the same crime at least twice.

【Criminal Facts】

On May 14, 2014, at around 20:30, the Defendant driven a 500-meter B high-class freight vehicle from the front side of the Busan Heung-dong community credit cooperatives to the front side of the same Tambun 4 Dong Dong-dong 4 Dong-dong Do, Busan, with a blood alcohol content of at least 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, photograph, report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the status of the driver under the influence of alcohol;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes (Attachment of copies of summary order);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the defendant is against the defendant, and the fact that the defendant does not have any criminal records subject to a fine in excess of the last ten years);

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

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