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(영문) 부산지방법원 2015.12.08 2015고단6355
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

On October 5, 2009, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Busan District Court on the following occasions: (a) on January 23, 2013, the same court issued a summary order of KRW 5 million for the same crime; and (b) on January 23, 2013, the Defendant had three same records of force.

On September 13, 2015, at around 21:20, the Defendant driven a car in the Bnish-do with the blood alcohol concentration of about 0.122% from the 10km section to the signal crossing road located in Gangseo-gu Busan Gangseo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 because of the same kind of crime committed;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the reflection of the accused and the fact that there is no record of the crime exceeding the fines);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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