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(영문) 부산지방법원 2013.09.04 2013고단4051
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 June 22, 2009, the Defendant issued a summary order of KRW 5,00,00 by a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act at the Busan District Court on September 7, 201, or a fine of KRW 5,00,00 as a crime of violation of the Road Traffic Act at the same court on September 7, 201 and violated Article 44(1) of the Road Traffic Act not less than twice.

On July 2, 2013, the Defendant, while under the influence of alcohol of 00:16% of blood alcohol concentration, driven BM5 cars from the front of a cafeteria located in the So-gu, Busan Metropolitan City, Seosan-dong to the front of the 4km road located in the So-gu, Busan Metropolitan City from the front of the cafeteria to the front of the So-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

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

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);

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 (i.e., confession and reflect);

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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