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(영문) 부산지방법원 2013.12.10 2013고단6347

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 10, 2009, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Busan District Court on August 10, 2009, and on July 25, 2013, the Defendant was sentenced to a fine of KRW 3 million by the same court as the same crime.

On September 1, 2013, at around 04:04, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.074% without a vehicle driver's license from around the front day of the heading room in the Busan Jam-gu, Busan, to the front day of the heading 1 Public Security Center located in the Busan Jam-gu, from around 500 meters to the front day of the heading office in the Busan Jam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs);

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

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