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(영문) 부산지방법원 2014.09.26 2014고단5126

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

On August 27, 2008, the Defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act at the Busan District Court and a fine of 4 million won as a crime of violation of the Road Traffic Act at the Busan District Court on June 17, 2014.

On June 16, 2014, around 23:30 on June 23:30, 2014, the Defendant driven B Y5 automobiles while under the influence of alcohol content of 0.130% without a driver’s license in approximately 20 meters from the public parking lot for the history station in Busan Seo-gu Clockagu, Busan to the roads preceding the same thought.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records;

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 in consideration of the same kind of choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the fact that there is no more penalty of suspension of qualifications or more);

1. Article 62 (1) of the Criminal Act;

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