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(영문) 부산지방법원 2015.08.11 2015고단2660
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 June 26, 2013, the defendant issued a summary order of KRW 2,50,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court on April 14, 2015, and a fine for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver's License).

On July 22, 2015, at around 22:30, the Defendant driven, without a driver’s license, an automobile under the influence of 0.092% of the blood alcohol concentration of 0.092% from the gravel market in the Southern-gu Busan Metropolitan City to the roads in front of the Southern-dong in Busan Metropolitan City to the roads in front of the Southern-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. A detailed statement of disposition to revoke a driver's license and a driver's license inquiry;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the accused, including the reflection of the accused, the fact that there is no criminal record other than the previous conviction

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

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