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(영문) 부산지방법원 2014.03.28 2014고단321
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

[criminal power] On September 6, 2006, the defendant was sentenced to a suspended sentence of 2 months for a crime of violation of the Road Traffic Act at the Busan District Court and a fine of 5 million won for a crime of violation of the Road Traffic Act at the above court on March 22, 2007, respectively. On August 9, 2010, the above court received a summary order of 2.5 million won as a fine for a crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, at around January 8, 2014, under the influence of alcohol content of 0.109%, the Defendant driven B rocketing car at approximately 50 meters away from the road front of the Heungdong-dong, Busan, the New-dong, Busan, under the influence of alcohol content of 0.109%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same type of power, etc.);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment in consideration of the same kind of choice of punishment;

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

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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