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(영문) 부산지방법원 2014.07.25 2014고단3881
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 December 3, 2007, the defendant was sentenced to a fine of 2.5 million won as a crime of violation of the Road Traffic Act at the Busan District Court on August 18, 2008, a suspended sentence of 2 years as a crime of violation of the Road Traffic Act at the Busan District Court on August 18, 2008, and a fine of 2.5 million won as a crime of violation of the Road Traffic Act at the Busan District Court on November 29, 201.

On April 15, 2014, at around 22:51, the Defendant driven a B Newbrost 200 vehicle with a blood alcohol concentration of about 1k from the front of a cafeteria located in the Busan Jindong-gu, Busan to the front day of the Busan Jin apartment apartment located in the Busan Jindong-dong.

As a result, the defendant was driving a motor vehicle more than twice and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

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 the same kind of punishment;

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

1. Article 62 (1) of the Criminal Act;

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

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