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(영문) 부산지방법원 2015.01.16 2014고단8438
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Busan District Court on August 17, 201, issued a summary order of a fine of seven million won on the grounds of a violation of the Road Traffic Act (driving) at the Busan District Court on August 17, 201, and on November 23, 2009, issued a summary order of a fine of two million won on the grounds of a violation of the Road Traffic Act (driving) by the same court on November 23, 2009, and is engaged in driving a tea with the same power of four persons.

On October 6, 2014, at around 01:40, the Defendant driven B car under the influence of alcohol with approximately 10k alcohol concentration of about 0.239% from the 10km section from the Defendant’s house located in Geumdong-gu, Busan to the Kim Hancheon-dong in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (Attachment of related judgments);

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 considering the fact that it can be seen habitually in light of the selective drinking and the same penal power;

1. Article 62 (1) of the Criminal Act suspended execution (the fact that there is no record of punishment for drunk driving in the last three years);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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