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(영문) 부산지방법원 2014.03.19 2013고단8748

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 January 2, 2013, the Defendant received a summary order of KRW 3 million from the Busan District Court as a violation of the Road Traffic Act ( sound driving), and on May 31, 2013, the Defendant received a summary order of KRW 2 million as a fine for the same crime from the Busan District Court's Dong Branch.

On November 21, 2013, the Defendant, at around 04:50, driven a 2 kilometer cMF5 car from the front side of the apartment road in front of the Busan Jindong-dong, Busan, to the front side of the Maritime Police Agency in the Southern East Sea, Busan, without obtaining a driver's license for a motor vehicle, at around 0.106 percent of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A brewing driver report, a report on the status of a driver, and the register of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of summary order of the same kind of case);

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. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration, such as that there is no other criminal record, nor a reflective fact, in addition to a fine imposed twice on the defendant for the same kind of crime);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Social service order under Article 62-2 of the Criminal Act;