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(영문) 부산지방법원 2015.09.09 2015고단4031

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

[criminal power] On December 21, 201, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Ulsan District Court on December 21, 201, and on September 6, 201, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Busan District Court on September 6, 201.

【Criminal Facts】

On May 3, 2015, at around 04:31, the Defendant driven B 3 automobiles under the influence of alcohol content of about 0.111% without a car driver’s license from the front of the document in the Busan Jin-dong, Busan, to the front of the Sink 1 Public Security Center located in the same Gu.

As a result, the Defendant driven a motor vehicle under the influence of alcohol even though it was twice the history of the violation of alcohol driving.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving without a license, report on the circumstances of driving without a license, report on the circumstantial statement of a driver with a driver, inquiry into driver's license, and inquiry into the results of crackdown on driving without a license;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding a fine for the same kind of crime, the fact that there is no special criminal record other than that sentenced to a fine twice for the same kind of crime, and the fact that it is against the law);

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