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(영문) 부산지방법원 2014.08.18 2014고단4250
도로교통법위반(음주운전)등
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

On July 29, 2009, the defendant has been notified of a summary order of a fine of one million won due to a violation of the Road Traffic Act in Busan District Court's branch court's order on July 29, 2009, and on January 28, 2013, a summary order of five million won or more due to a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's district court's order on January 28, 201.

On October 00:45, 2014, the Defendant was under the influence of alcohol by 0.142% without obtaining a driver’s license on blood alcohol level, and was under the influence of alcohol by 0.142%, the Defendant driven approximately 300 meters a volume B SM5 car from the front side of the Dongdong Telephone-dong, Busan Metropolitan City, to the front side of the department store in the same hot spring-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the defendant is against the defendant, and the fact that the defendant does not have any criminal records subject to a fine for the same criminal conduct);

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

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