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(영문) 부산지방법원 2015.02.09 2014고단9199
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 15, 2007, the defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court on October 15, 2007, and on October 28, 2014, by the same court on October 28, 201, a summary order of 3 million won is issued.

On October 18, 2014, at around 08:22, the Defendant driven B passenger cars under the influence of alcohol with a blood alcohol concentration of 0.139% from the street in front of the Simsan-dong, Busan, to the road front of the Simsan-dong, Busan, the Nam-gu, Busan, and the 500m section, which is around 0.139% of the 0.139% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the results of the control of drinking driving, reports on the state of drinking drivers, field photographs, and CCTV data;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., that the defendant is against the defendant, and that there is no criminal record that the defendant has been punished beyond the fine for the same kind of crime);

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