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(영문) 부산지방법원 2013.10.22 2013고단4235
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 23, 2011, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court on February 23, 201, and a fine of KRW 2 million for the same crime at the same court on April 30, 2013.

On July 14, 2013, at around 02:39, the Defendant driven a B low-water car in the state of alcohol with approximately 300 meters alcohol concentration of 0.119% at the 300m section from the road near the hospital located in the Busan Jin-dong, Busan to the road in the Yin-dong, Busan Jin-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

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

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was sentenced to a two-month period of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the branch court of Suwon District Court on January 4, 2012; and (b) on January 12, 2012, the judgment became final and conclusive and conclusive on January 12, 2012; (c) the Defendant was found to have been under the influence of alcohol twice or twice during the said period and the quality of the crime is not good; (d) the amount of drinking alcohol is significant; and (e) the motive, background, means and methods of the instant crime; (e) the Defendant’s age, character and conduct, career, and environment, etc. as shown in the instant

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