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(영문) 부산지방법원 2015.08.18 2015고단2668
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 29, 2001, the defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on November 9, 2006, and a fine of 1 million won for a violation of the Road Traffic Act (driving) at the same court on November 5, 2007, in the same court on December 5, 2007, 2 years of suspended sentence for 6 months, 2 million won of a fine for a violation of the Road Traffic Act (driving) at the same court on October 13, 2008, and on July 22, 2009, the same court was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving on drinking) at the same court on July 22, 2009.

On March 15, 2015, at around 05:00, the Defendant driven a wning van with the blood alcohol concentration of approximately 0.140% from the 5km section to the front road in front of the package center in which the trade name of the Busan Jin-gu Busan is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration, etc. of the accused);

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal record of the same kind in the preceding three years);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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