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(영문) 부산지방법원 2015.06.24 2015고단410
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

[Criminal Power] On March 9, 2009, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Busan District Court and a fine of 2.5 million won for a violation of the Road Traffic Act at the same court on June 30, 2010.

【Criminal Facts】

On December 15, 2014, at around 01:30, the Defendant driven a BM car in the state of 0.077% alcohol concentration from approximately 500 meters to the front of the hotel in the same Dong, from the front of the written return in the Busan Jin-gu, Busan. to the front of the hotel in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Involving the circumstantial statements of a drinking driver, making inquiries into the management details of the report on the driving of a drinking driver, making inquiries into the details of the management thereof, making reports on detection of a drinking driving, and making inquiries into the results of crackdown on drinking driving;

1. A report on investigation (a report on the result of appraisal of blood collection);

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (attached to related summary orders)-related Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the blood alcohol concentration is not high, the distance of driving under the influence of alcohol is shorter, and the fact that there is no criminal record subject to punishment exceeding the fine);

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

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