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(영문) 부산지방법원 2020.03.27 2020고단138
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 13, 2015, the Defendant issued a summary order of KRW 3 million at the Busan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On November 19, 2018, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Pyeongtaek District Court’s Pyeongtaek District Court’s site.

【Criminal Facts】

On September 2, 2019, at around 21:26, the Defendant driven a 5km car without obtaining a driver's license under the influence of alcohol level 0.046% while under the influence of alcohol level 0.046% from the front of the Ga zone located in the Ga zone in Busan, Seo-gu, Busan, to the front of the C-ro in the Busan, Seo-gu, and the front road located in D.

As a result, the defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the Road Traffic Act prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, the ledger of driver's licenses, and details of revocation of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, and copies of each summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

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