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(영문) 부산지방법원 2017.11.15 2017고단4782

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on August 3, 2007, and KRW 3 million for the same crime at the same court on June 2, 2017, and violated two or more times the prohibition of drinking driving regulations.

On September 15, 2017, the Defendant driven a BSP car in the state of alcohol alcohol of 0.138% while under the influence of alcohol without obtaining a driver’s license from the parking lot located in the Busan East-gu, Busan-do to the front road of the salary hospital located in 401 as the center of the same Gu from around 1km to the end of the salary hospital located in 401 as the center of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective facts and no record of punishment exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;