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(영문) 부산지방법원 2015.06.10 2014고단9686
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months and a fine for 4,000,000 won.

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 26, 2013, the Defendant was notified of a summary order of KRW 1,50,000 by the Busan District Court to a fine for a violation of the Road Traffic Act (driving). On August 6, 2014, the Defendant is a person who was notified of a summary order of KRW 5,00,000 as a fine for the same crime in the same court on August 6, 2014, and is a driver of a golf vehicle.

On October 2, 2014, at around 05:47, the Defendant driven the said car at a distance of approximately one meter from 35 p.m. to 33 p.m. in a document of the same Gu from the street in Busan-gu, Busan-do, without obtaining a driver’s license, at around 05:47, with a blood alcohol content of 0.189%.

2. The Defendant is a person who drives a C golf vehicle.

On May 25, 2014, at around 05:30, the blood alcohol concentration of 0.158% was driving the said vehicle at a section of approximately 300 meters from the Dobong-dong Hospital in Busan-dong to the same day from the same Dong-dong LG Electronic Road.

Summary of Evidence

[2014 Highest 9686]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of each traffic accident under D or E;

1. Investigation report on the actual condition of traffic accidents, report on the detection of drinking drivers, report on the circumstantial statements of drinking drivers, and register of driver's licenses;

1. Records before judgment: Criminal history records, etc., inquiry report, investigation report (Attachment to a summary order), and each summary order (2015 high-level 12);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to a report on the circumstances of driving under drinking alcohol, a report on the results of crackdown on driving under drinking alcohol, a request for appraisal of blood alcohol concentration, a request for appraisal, and a report on detection of a drinking driver

1. Relevant Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act [2015 Height12] Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of the punishment [2014 Highest9686] Imprisonment [2015 Highest 112] The prohibition of disadvantageous alteration to the disadvantage of Article 457-2 of the Criminal Procedure Act shall be imposed by a fine.

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