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(영문) 부산지방법원 2013.05.07 2012고단10683
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 October 1, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on October 1, 2008, and a fine of four million won for the same crime at the same court on February 9, 2009.

On December 12, 2012, at around 00:09, the Defendant driven the volume of DNA rocketing car with a blood alcohol concentration of at least 0.087% from the front day of the Heart-dong in Busan Jung-gu to the front day of the Bupyeong-dong in Busan Jung-gu, Busan, and up to approximately 500 meters to the front day of the Busan Jung-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

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

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