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(영문) 부산지방법원 2015.11.24 2015고단6051
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 January 11, 2012, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch, and on May 13, 2014, the Defendant issued a summary order of KRW 4 million for the same crime in the same court.

On May 15, 2015, at around 00:30, the Defendant, while under the influence of alcohol at 0.148%, driven B Poter Cargo at the section of approximately 200 meters from the front of the “Gwanpong 11-1” road located at 17, Busan Jung-gu, Black-ro 31-gil, Busan, without a driver’s license, to the front of the “Gwanpung 17” road located at approximately 11-1, 56, as the former remuneration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor because of the same kind of crime committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as confession of the accused, the fact that there is no record of the offense exceeding the fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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