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(영문) 부산지방법원 2013.11.13 2013고단6005
도로교통법위반(음주운전)등
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 June 5, 2008, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act in Busan District Court's branch court's Busan District Court's branch court's summary order on June 18, 201, and on June 18, 2013, a fine of 700,000 won or more for a violation of the Road Traffic Act's Article 44 (1) of the Road Traffic Act.

1. From July 21, 2013 to October 28, 2013, the Defendant was under the influence of driving license, but around 00:00 on August 4, 2013, the Defendant driven a B-house under the influence of alcohol content of approximately 0.175% in the section of approximately 200 meters from the front day of the injury distance in the Seocho-gu Busan Metropolitan City from August 4, 2013 to the front day of the branch office in the middle-gu 1 Dong in Busan Metropolitan City.

2. From July 21, 2013 to October 28, 2013, the Defendant was under the suspension of the validity of the driver’s license, but around 02:10 on August 11, 2013, the Defendant driven a C low-speed car under the influence of alcohol content of approximately 0.169% in the section of approximately 200 meters from the Do in front of the head office in the vicinity of the Busan High-dong Busan High-dong, Busan High-dong, to the front road in the Gu-dong, Busan High-dong, Busan High-dong, for approximately 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Making a report on the control of drinking driving;

1. Details of disposition of driver license suspension;

1. A criminal record and other inquiry report;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to the previous order and related summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (including the absence of criminal records exceeding a fine and the reflection of a fine);

1. The Criminal Act for orders to provide community service and attend lectures;

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