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(영문) 부산지방법원 2014.09.26 2014고단6137

도로교통법위반(음주운전)등

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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 July 10, 2007, the Defendant was issued a fine of KRW 700,00,000 for a violation of the Road Traffic Act at the Busan District Court on July 10, 2007, a fine of KRW 1 million for the same crime in the same court on January 19, 2009, and a fine of KRW 5 million for the same crime in the same court on June 28, 2013, respectively.

On July 21, 2014, at around 21:00, the Defendant driven B high-class cargo vehicle with approximately 5km in the section of approximately 0.211% of blood alcohol concentration without a driver’s license from the section of approximately 5km to the roads front of the main place, which is not aware of the trade name of the punched area in Busan, Daegu, Busan, to 21:14 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of regulating drinking driving, and the register of driver's licenses;

1. Application of statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor in consideration of the same kind of punishment, drinking and taking values;

1. Articles 53 and 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;