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(영문) 부산지방법원 2016.02.03 2015고단8037
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

(2) On October 22, 2007, the Defendant issued, at the Busan District Court, a summary order of a fine of two million won or more for a violation of the Road Traffic Act, a summary order of a fine of two million won or more for a violation of the Road Traffic Act in the same court on November 14, 2007, a summary order of a fine of three million won or more for a violation of the Road Traffic Act (driving) in the same court on November 10, 2008, and the summary order of a fine of eight million won or more for a violation of the Road Traffic Act (driving) in the same court on January 8, 2014, respectively.

【Criminal fact-finding on December 1, 2015, the Defendant driven B cargo at approximately 1km from the front side of the office of door-to-door, Busan in the state of alcohol content of 0.151% under the influence of alcohol in blood without obtaining a driver’s license on December 1, 2015 to the top day of the smuggling in the same Dong, instead of being in the trific zone in the Glock-gu, Busan in lieu of being in the trific zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement on the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, and inquiry of driver's license;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, written investigation report (Attachment of a copy of a summary order), and application of each summary order Acts and subordinate statutes;

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. Imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment exceeding a fine for the same crime, the violation of the law, and the clear social relationship);

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

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