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(영문) 부산지방법원 2016.12.21 2016고단6111
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 November 27, 2006, the Defendant was issued a summary order of KRW 700,000,000,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong Branch branch on February 9, 201, a fine of KRW 2 million as the same crime in the Busan District Court's Dong Branch on February 15, 201, a fine of KRW 5 million as the same crime in the Busan District Court's Dong Branch on February 15, 2013, and a fine of KRW 7 million as the same crime at the Busan District Court on May 31, 2016.

On September 25, 2016, the Defendant, without obtaining a driver's license at around 16:20 on September 25, 2016, driven a B low-est car at about 1 Km from the vicinity of the Busan-dong, Busan-dong to the front of the sports complex to resign from the Busan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol and a written report of the master driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (former and attached documents);

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. 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 (including the fact that there is no previous conviction, the fact that the crime has been recognized and the fact that the mistake has been repented in depth);

1. Article 62-2 of the Criminal Act to order probation instruction;

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