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(영문) 부산지방법원 2013.05.07 2013고단501
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 April 28, 2008, the defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Busan District Court on April 28, 2008, and KRW 1.5 million for the same crime at the Dong branch of the Busan District Court on February 10, 2010.

On January 18, 2013, at around 00:50, the Defendant driven a B-hurged vehicle with a blood alcohol concentration of approximately 0.175% in the section of about 1km from the Geum-gu, Busan to the frontway of the plaza in the same Gu and Seo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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