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(영문) 부산지방법원 2015.02.09 2014고단9282

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 7, 2012, the Defendant was issued a summary order of one million won by the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of four million won by the same court on March 12, 2014 to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On October 20, 2014, at around 01:15, the Defendant, without a car driver’s license, driven a Bbenz car at approximately 1 Km from the front line of the main station located in the south-gu upstream of the bus terminal at port at port in the south-gu at port to the front line of the other yeast-gu in the same Gu, while under the influence of alcohol level of 0.17%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and the register

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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. Imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., that the defendant is against whom the suspension of execution is imposed, and that there is no criminal record against the defendant beyond the fine);