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(영문) 부산지방법원 2015.11.25 2015고단6222
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

On March 5, 2013, the Defendant issued a summary order of fine of KRW 3 million for a crime of violation of the Road Traffic Act at the Busan District Court on March 5, 2013, and on May 28, 2014, the same court issued a fine of KRW 5 million for a crime of violation of the Road Traffic Act.

Criminal facts

On August 20, 2015, the Defendant, while under the influence of alcohol with 0.123% of blood alcohol concentration on August 20, 2015, was driving B car volume at approximately 70 meters from the alcohol house located at the lower end of Busan, which was located at the lower end of Busan, to the lower end of Snden Park entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment exceeding a fine for the same kind of crime, the violation of the law,

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

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