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(영문) 부산지방법원 동부지원 2016.12.19 2016고단1798
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 21, 2016, around 05:20 on September 21, 2016, the Defendant driven B Poter cargo under the influence of alcohol with approximately 300 meters alcohol concentration of 0.063% from the front of the “Yayang Embrate,” located in Samsung-gun, Busan, to the front road of the “Yasan Real Estate” located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is heavy in light of the fact that the defendant committed the crime of this case again even though there are many criminal records of the same kind of crime, but the defendant is led to the crime of this case. However, the defendant is led to confession, there is no criminal record exceeding a fine since 2005, and the punishment is determined as ordered in consideration of all the normal materials revealed in the trial process, such as blood alcohol concentration level

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