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(영문) 부산지방법원 동부지원 2015.07.22 2015고단825

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 of the final judgment.

Reasons

Punishment of the crime

On November 15, 2011, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Busan District Court, etc., and on October 10, 2012, the Defendant was sentenced to a suspended sentence of Article 44 (1) of the Road Traffic Act on at least two occasions, such as a suspended sentence of imprisonment for a violation of the Road Traffic Act in the Busan District Court's branch branch, etc. on at least two occasions, on the following grounds: (a) on April 3, 2015: (b) on the elime on the roads in the Busan Metropolitan City's metropolitan traffic Daegu, the Defendant was driving B Karen car under the influence of alcohol concentration of approximately 1.5 km without obtaining a driver's license, from around 06:20 to the distance at the Agricultural Products Wholesale Market at approximately 0.186%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Application of inquiry reports, such as criminal records, and investigation reports (verification of criminal records of the same kind) Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation, community service order, or order to attend a lecture, under Article 62-2 of the Criminal Act (it is possible to repeat a crime in light of the majority of the criminal records of the