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(영문) 부산지방법원 동부지원 2014.09.25 2014고단925
도로교통법위반(음주운전)등
Text

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

1. On April 27, 2014, under the influence of alcohol level of 0.152% without a driver’s license for a motor vehicle on April 27, 2014, the Defendant driven CM3 motor vehicles at a section of about 500 meters from the front of the Handong apartment in Busan-gun, Busan-gun, to the front of the 692 plane captain, as in the front of the 692 plane captain, as in the front of the 692 plane captain.

2. On May 16, 2014, the Defendant received a summary order of KRW 3.5 million from the Busan District Court’s branch branch to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) on January 29, 2014, and a fine of KRW 5.5 million due to a violation of the Road Traffic Act (driving) on May 12, 2014, respectively.

On May 16, 2014, at around 00:20, the Defendant driven CM3 automobiles under the influence of alcohol level 0.128% while under the influence of alcohol level 0.128%, without obtaining a driver’s license from the front day of the "J"-gun located in the office of the captain of the city in Busan, which is located in 560 to the front day of the 36th day of the day-to-day Special Metropolitan City, a day-to-day Special Metropolitan City, a day-to-day Special Metropolitan City Mayor.

As such, the Defendant, who violated the provision prohibiting driving under the influence of alcohol not less than twice, driven a motor vehicle without obtaining a driver’s license in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the results of regulating drinking driving and the register of driver's licenses;

1. Inquiry reports on criminal records, etc., investigation reports (report accompanied by a copy of the summary order), and application of statutes governing the summary order;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under paragraph (1) of the same Article), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under paragraph (2) of the same Article) concerning criminal facts, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) concerning the criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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