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(영문) 부산지방법원 2015.09.18 2015고단4383
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four 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 May 31, 2012, the Defendant was sentenced to a fine of two million won by a violation of the Road Traffic Act (driving) at the Busan District Court on May 31, 2012, and a fine of five million won by the same court on January 28, 2014, respectively, and had two records of driving under the influence of alcohol.

On May 13, 2015, at around 21:50, the Defendant driven a B-car under the influence of alcohol with approximately 100m alcohol concentration of at least 0.097% in front of the YG at the bottom of the YGG in Busan, at the bottom of the YGG in Busan, while under the influence of alcohol at least 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 with prison labor by repeating the same kind of crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including confession of the accused and the fact that there is no record of crimes exceeding the fine);

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

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