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(영문) 부산지방법원 동부지원 2015.10.07 2015고단1079
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 December 20, 2010, the Defendant had been in violation of Article 44(1) of the Road Traffic Act at the Busan District Court on December 20, 201, including a fine of KRW 7.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the same court on February 9, 2011. However, on June 4, 2015, the Defendant driven a Cdecent vehicle with a blood alcohol concentration of KRW 0.161% while under the influence of alcohol at the apartment parking lot located in Busan District Court, Busan District Court on June 4, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions in judgment: Busan District Court Decision 2010 High Court Decision 35812, Busan District Court Decision 2011 High Court Decision 2011 High Court Decision 409 High Court Decision 201

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Consideration, previous convictions, circumstances leading to driving, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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