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(영문) 부산지방법원 동부지원 2015.01.29 2014고단1971
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

The Defendant was notified of a summary order of KRW 2 million on December 7, 2004 in Busan District Court's Dong Branch of the District Court due to a fine of KRW 2 million on May 7, 2008, a fine of KRW 2 million on May 7, 2008, and a fine of KRW 5 million on August 28, 2012.

At around 22:30 on September 26, 2014, the Defendant driven a Dbenz car at approximately 500 meters from the public water village in Busan Shipping Daegu to the 2nd school in the same Dong, while under the influence of alcohol of 0.078% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports and summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the fact that discretionary mitigation, driving distance, or mistake is recognized);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

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

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