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(영문) 부산지방법원 2018.08.20 2018고단2421

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 15, 201, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on March 15, 201; on May 7, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court; and on April 20, 201, the Defendant received a summary order of KRW 5 million for the same crime in the same court.

[Criminal facts] On May 14, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle on or around 22, 2018, driven a motor vehicle from the section B of about 300 meters from the front of the Seocho-dong apartment in Busan Dong-do to the front road of the Gu bank, under the influence of alcohol content of 0.08% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and response to requests for appraisal;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation of such past history);

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)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. Protection and observation and community service order under Article 62-2 of the Criminal Act;