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(영문) 부산지방법원 2017.08.02 2017고단3039

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

[criminal history] On June 29, 2012, the Defendant was sentenced to a fine of seven million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on April 27, 2016, issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (dacting driving) at the Busan District Court.

[2] Although the Defendant had the record of violating drinking driving regulations on more than two occasions, the Defendant 1 driven a vehicle from the Defendant’s residence located in Busan So-gu, Busan on June 4, 2017 to the 734 global loan mileage road at approximately 3 km from the area of his/her car without obtaining a driver’s license, and driven a vehicle from C Abdo-purg, so as to be under the influence of alcohol with about 0.071% in blood while under the influence of alcohol.

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. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, report on the result of confirmation of the previous convictions and judgment, such as criminal history;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective facts and no record of punishment exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;