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(영문) 부산지방법원 동부지원 2014.06.18 2014고단400
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 of the final judgment.

Reasons

Punishment of the crime

On March 19, 2007, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's order on March 19, 2007, and on December 23, 2008, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

Although the Defendant, as seen above, had a history of driving under the influence of alcohol twice, on February 7, 2014, at around 02:55, the Defendant driven a car with CSM Doz (SM7) in the state of alcohol alcohol concentration of about 0.158% at the section of approximately 800 meters, from the front of the 46-1, the road located in the Namyang-gu, Busan Metropolitan City, Seoyang-gu, Seoyang-gu, Seoul, in front of the 46-1st century.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous offense: Application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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