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(영문) 부산지방법원 2013.06.19 2013고단1363
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 September 28, 2007, the Defendant issued a summary order of 700,000 won by a fine for a violation of the Road Traffic Act at the Busan District Court on September 28, 2007, and on May 25, 2009, a summary order of a fine of 1 million won by a fine at the Busan District Court on May 25, 2009 and violated Article 44(1) of the Road Traffic Act not less than twice.

On February 22, 2013, at around 20:25, the Defendant driven a Category B motor vehicle under the influence of alcohol content of approximately 0.196% from the front road in the lower end of the city of Busan to the lower end of the excavation bridge located at the lower end of the city of Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Results of requests for blood appraisal;

1. A report on detection of a host driver;

1. Application of the relevant Acts and subordinate statutes to inquiries about criminal records, etc. and copies of each summary order;

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 (i.e., confession and reflect);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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