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(영문) 부산지방법원 2015.11.04 2015고단5397
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 August 3, 2012, the Defendant issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on August 3, 2012, and KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Dong Branch branch branch on September 25, 20

Criminal facts

On August 4, 2015, at around 04:17, the Defendant driven B truck under the influence of alcohol with approximately 0.122% of blood alcohol concentration at a section of about 200 meters from the 3rd apartment located in the Sindo-dong of Busan to the front of the international white apartment located in the Sindo-dong of Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of regulating drinking under the influence of alcohol;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of criminal records subject to a fine exceeding the same kind of crime, and the obvious social relationship);

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

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