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(영문) 부산지방법원 2015.12.08 2015고단5529
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 is a person with five times the criminal records of the same kind of drinking driving, as well as a person who was sentenced to imprisonment for six months at the Incheon District Court on November 13, 2007 by combining the driving under influence on June 15, 2007 and the driving under influence on September 9, 2007.

On August 2, 2015, at around 23:43, the Defendant driven a B-to-purd vehicle with approximately KRW 500 meters alcohol level 0.184% under the influence of alcohol level from around the mutually influence of the trade name located in Suwon-dong, Busan to the front road of the modern apartment located in the same Dong around that time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, probationary records, investigation reports, and Acts and subordinate statutes;

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 prison labor because of the same kind of crime committed;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the reflection of the accused and the fact that there is no same criminal record after 2008);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act concerning probation and order to attend a course;

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