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(영문) 부산지방법원 2014.01.22 2013고단7497
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 28, 2008, the Defendant issued a summary order of 1.5 million won or more for a violation of the Road Traffic Act with a fine of 1.5 million won or more, and on July 6, 2012, the Busan District Court issued a summary order of 4 million won or more for the same crime at the Busan District Court and violated Article 44(1) of the Road Traffic Act on at least two occasions.

On October 9, 2013, around 01:10, the Defendant driven a juice department store located in Busan Jin-dong, Busan, with approximately 3 km section from the front of the department store to the front road of the U.S. household located in the Dong-dong, Dong-gu, Dong-dong, with a blood alcohol content of about 0.109% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A traffic accident report;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

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