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(영문) 부산지방법원 2014.09.19 2014고단5150
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

around September 25, 2011, the Defendant was under the influence of alcohol with 0.082% of alcohol, and was issued a summary order of 1.5 million won at the Busan District Court on October 25, 201, and was under the influence of alcohol on April 12, 201, and was under the influence of 0.135% of alcohol, and was under the influence of alcohol on April 25, 201, and was in violation of Article 44 (1) of the Road Traffic Act, such as where the said order becomes final and conclusive, on July 5, 2014.

On May 18, 2014, at around 04:52, the Defendant driven a B-car under the influence of alcohol with approximately 0.124% alcohol concentration on a section of about 500 meters from the Do in front of the document located in the Busan Jin-dong, Busan to the front of the same Do-dong.

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 inquiries about criminal records, etc., references, unregistered records, and reporting results of verification;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with labor in consideration of the same kind of punishment, drinking volume, etc.;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the fact that there is no more penalty of suspension of qualifications or more);

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

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

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