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(영문) 부산지방법원 2014.09.26 2014고단5845
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

On September 27, 2011, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Busan District Court on September 27, 201, and on August 1, 2013, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act at the Busan District Court on August 1, 201.

On June 26, 2014, at around 23:19, the Defendant driven D-low-car under the influence of alcohol content of 0.142% without obtaining a driving license from the 3rd apartment complex located at the lower end of the Busan Spo-gu, Busan, to the front road of the same foreign exchange bank.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes to inquiries about criminal records, etc.;

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 in consideration of the same kind of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the fact that there is no more penalty of suspension of qualifications or more);

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

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