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(영문) 부산지방법원 2013.11.26 2013고단6718
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 April 14, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court on April 14, 201, and issued a summary order of KRW 1.5 million for the same crime at the same court on March 14, 2013.

On August 3, 2013, at around 06:15, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 0.133% alcohol concentration from the 6km section to the 6km-si, Busan National Cemetery from March 9, 2013, when he was in Samsung-dong, Busan National University.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs);

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

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

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