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(영문) 부산지방법원 2017.02.01 2016고단6065

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 January 5, 2004, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on March 24, 2008, a fine of two million won for a violation of the Road Traffic Act (toxicly Driving) and a violation of the Road Traffic Act (non-licenseless Driving) in the above court on March 24, 2008, and on September 2, 2015, the above court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (toxicly Driving) on September 2, 2015.

On September 4, 2016, the Defendant driven a B 1 ton truck with alcohol content of at least 0.089% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from around 4km church located at the bottom of Gangseo-gu Busan, Busan, to the roads front of the Geum River pentol located in the same Gu-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. References to inquiries, such as criminal history, and application of investigation reports (Attachment to suspect's records of criminal records driving under the influence of alcohol);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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;