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(영문) 부산지방법원 2015.01.07 2014고단7521
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 Power] On February 16, 2010, the Defendant received a summary order of 1.5 million won from the Busan District Court to a fine for a violation of the Road Traffic Act. On May 18, 2011, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act.

【Criminal Facts】

On September 21, 2014, at around 21:40, the Defendant driven a B-purd vehicle with a blood alcohol concentration of about 0.150% from the front of the Dong-Jadong Middle School located in the Dondong-dong, Busan, to the front of the Gunndong-dong, Seo-gu, Busan, and the front of the Gunn Police Station located in the Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., that the defendant is against the defendant and that there is no criminal record subject to punishment beyond the fine for the same kind of crime);

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