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(영문) 부산지방법원 2016.05.18 2015고단8075

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 July 14, 2014, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 7 million for the same crime at the same court on March 3, 2015.

On August 11, 2015, around 06:06, the Defendant driven a B-car under the influence of alcohol content of 0.120%, without obtaining a driver’s license, at a section of about 2 km from the beginning of the Seocho-gu Busan Metropolitan City to the front of the LG Vstststol shop located in the same Gu and Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the fact that the mistake is divided in depth);

1. An order to observe and attend protection and observation courses under Article 62-2 of the Criminal Act;