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(영문) 부산지방법원 2014.09.26 2014고단2088
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 December 15, 2009, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act. On June 26, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.

On February 3, 2014, at around 14:30, the Defendant driven a balp-burged car from the front day of the “culp bomb B” in Seo-gu, Seo-gu, Busan to the front day of the Civil Defense Education Office located in Seo-gu, Seo-gu, Busan, with approximately one kilometer alcohol concentration of about 0.256%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of statutes to inquiries about criminal records, etc.;

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 in consideration of option of punishment, drinking and taking into account the same electricity;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (no more than suspended qualifications shall be subject to punishment);

1. Article 62 (1) of the Criminal Act during Suspension of Execution (the period of medical treatment related to drinking);

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