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(영문) 부산지방법원 2015.07.21 2015고단2445

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives Category C cargo vehicle.

On December 29, 2009, the Defendant was issued a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act in the Busan District Court’s Dong Branch Branch, a fine of KRW 2 million as the same crime in the same court on March 21, 201, and a fine of KRW 5 million as the same crime at the Busan District Court on April 2, 201, respectively.

On March 2, 2015, the Defendant had been punished twice or more for the violation of the Road Traffic Act, but on March 2, 2015, at around 0.108% of the blood alcohol level without a driver’s license, the Defendant driven a vehicle of approximately 300 meters prior to the Geum-gu in Busan Fri-gu in the gold-gu in Busan Fri-dong, while under the influence of alcohol level of 0.108% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Details of the disposition for cancellation of the driver's license, report on the situation of driving without a driver's license;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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