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(영문) 부산지방법원 2015.11.18 2015고단6018

도로교통법위반(무면허운전)등

Text

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

[Criminal Power] On November 1, 201, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on November 1, 201, and was sentenced to a fine of 6 million won by the same court on July 17, 2013.

【Criminal Facts】

On August 28, 2015, around 01:43, the Defendant driven the Dokdong-gu, Busan through the Dokdong-dong, which is located in the Dokdong-dong, Busan, and around 3 km from the front road of the department store, with a blood alcohol concentration of 0.19% under the influence of alcohol without a car driver’s license.

As a result, the defendant, even though he had the influence of drunk driving twice, was driving under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

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

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) has no record of punishment exceeding a fine for the same kind of crime, and there are no special criminal records other than those sentenced to a fine twice for the same kind of crime, it is obvious that social relationship

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