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(영문) 부산지방법원 2015.12.16 2015고단6675
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 November 19, 2007, the defendant was issued a summary order of 500,000 won for a violation of the Road Traffic Act in the Busan District Court's branch court's Busan District Court's order on November 19, 2007, and on December 6, 2012, the defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act.

On September 30, 2015, the Defendant was under the influence of alcohol with 0.182% of blood alcohol concentration 0.55 on September 30, 2015, and the Defendant was driving B K5 cars from the parking lot of tri-dried apartment located in the 2nd hot spring of Busan Dong-gu to the front of the square of Sinnam-gu, Busan Metropolitan City from the parking lot to the front of the square of Sindong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Previous convictions in judgment: Application of criminal records and summary order 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. Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding the fine for the same kind of crime, and the fact that there is a reflective fact);

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

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