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(영문) 부산지방법원 2019.06.14 2019고단976
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 30, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Busan District Court on October 30, 2012, and on October 30, 2017, the Defendant was issued a summary order of KRW 3 million for the same crime from the Busan District Court's Dong Branch.

On February 17, 2019, the Defendant had been punished for drunk driving twice or more as above, but around 23:28 on February 17, 2019, the Defendant driven a DNA motor vehicle, which is owned by the Defendant, without obtaining a driver's license, in a section of approximately 500 meters from the front of the building B in Busan Metropolitan Government to the front of the C apartment in Busan Metropolitan Government, without obtaining a driver's license in the state of alcohol level of about 0.062%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, one copy of summary order, application of one copy 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 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 with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act, even though there are many criminal convictions of the defendant, the defendant does not repeat the crime of this case, such as disposing of vehicles, etc. In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, and the degree of blood alcohol concentration at the time of the crime of this case shall be determined as ordered by taking into comprehensive account all of the sentencing conditions shown in the arguments.

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