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(영문) 부산지방법원 2015.01.16 2014고단8340
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2012, the Defendant was issued a summary order of a fine of three million won by a Busan District Court for a violation of the Road Traffic Act, and on October 29, 2014, the Defendant was issued a summary order of a fine of four million won by a Busan District Court for a violation of the Road Traffic Act.

1. On October 22, 2014, the Defendant, as a person with at least two times of alcohol driving skills, driven a DNA motor vehicle with a blood alcohol level of at least 0.113% under the influence of alcohol without a motor vehicle driver’s license in a section of approximately 400 meters from the area near the new-dong market in the Southern-gu, Busan Metropolitan City to the front day of the Southern-dong fishing in the same Dong.

2. On October 17, 2014, around 16:12, 2014, the Defendant: (a) departed from the intersection in Seocheon-gu, Busan; and (b) driven a car-free car in the section of about 5km in front of the intersection located in Seocheon-gu, Busan; and (c) drive a car in the section of about 5km in front of the intersection located in Seocheon-gu,

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving, the ledger of driver's licenses, the report on the state of unregistered driving, and the grounds for disqualification;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 each sentence of imprisonment with prison labor in consideration of the same kind of punishment;

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the total of long-term penalties);

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;

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

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