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(영문) 부산지방법원 2015.08.19 2015고단3568

도로교통법위반(음주운전)등

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

[Criminal Power] On November 19, 2014, 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 May 13, 2015, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Busan District Court.

【Criminal Facts】

On May 26, 2015, at around 06:20, the Defendant driven a C Poter under the influence of alcohol with a blood alcohol concentration of 0.079% without obtaining a driver’s license from around the Defendant’s residence in the Busan Spoon-gu B to the front of the 3km-dong in the Busan Spool-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared by the defendant;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and driver's license inquiry;

1. Previous records: Application of inquiry reports and investigation reports (former records and attachment of judgment), such as criminal records, etc.;

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 absence of any record of punishment exceeding a fine for the same kind of crime, the absence of any special criminal record other than the same kind of crime, and the obvious social relationship);

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