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(영문) 부산지방법원 2016.11.30 2016고단6440
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

On September 7, 2016, at around 09:10, the Defendant driven a B-learning car under the influence of alcohol of about 0.269% of blood alcohol concentration at approximately 1.4km from the 1.4km section in front of the annual wedding hall located in the Busan B-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to written consent to the collection of blood and written appraisal of blood alcohol concentration;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding the fine, the fact that the crime is recognized and the fact that the mistake is repented in depth);

1. An order to take probation and attend a lecture under Article 62-2 of the Criminal Act;

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