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(영문) 부산지방법원 2015.07.15 2015고단2220
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

[criminal power] On December 21, 2006, the defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Busan District Court, and on March 17, 2008, the defendant was sentenced to imprisonment for 6 months and 2 years for a suspension of execution and 5 times for a violation of the Road Traffic Act.

【Criminal Facts】

On July 17, 2015, at around 00:47, the Defendant driven a B body-man car under the influence of alcohol concentration of approximately 0.076% from a section of about 1km from the road located in Busan-dong Busan-dong, Busan-dong, to the road in front of the Taecheon Steel-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 148-2 (1) 1 of the Act on the Selection of Criminal Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the blood alcohol concentration is relatively high, there is no same criminal record after being punished for driving under the influence of alcohol for about seven years, there is no special criminal record other than the same criminal record, and it is obvious

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

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