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(영문) 부산지방법원 2015.02.09 2014고단9477

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

except that 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 December 29, 2006, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court on December 29, 2006, and the sentence became final and conclusive on February 8, 2007. On October 23, 2012, the Defendant was sentenced to a summary order of 1 million won by a fine at the Busan District Court on October 23, 2012 and violated the prohibition of driving under the influence of alcohol twice or more.

Nevertheless, the Defendant, in violation of the provision on prohibition of driving under the influence of alcohol, was driving BSM5 cars at the 1km section in the area of about 1km from the 1km to the intersection side of the school district located in the school district located in the school district in the Gandong of Busan, under the influence of alcohol level of 0.185% at around 01:50 on June 5, 2014 without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The ledger of driver's licenses, such as inquiry into the results of the control of drinking driving, the management inquiry of the report on drinking-free driving, three photographs, the details of disposition on the cancellation of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);

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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Imprisonment with prison labor chosen;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., that the defendant is against whom the suspension of execution is imposed, and that there is no criminal record against the defendant beyond the fine);