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(영문) 부산지방법원 동부지원 2017.02.02 2016고단2550
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2008, the Defendant received a summary order of KRW 3 million from the Busan District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (drinking driving), and on October 19, 2015, a fine of KRW 4,00,00 from the Busan District Court Branch Branch of the Busan District Court to a fine of KRW 1,00 due to a violation of the Road Traffic Act.

Criminal facts

On October 15, 2016, around 06:30, the Defendant driven BS knex vehicle under the influence of alcohol concentration of about 0.113% without obtaining a driver's license from the road near the Busan Southern-dong Busan-dong Busan-dong Busan-dong Busan-dong to the front of Dong-dong-dong-dong University located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, investigation report (in addition to a copy of the summary order attached thereto), summary order (in the case of Busan District Court Decision 2008Dam2585g, about 585g), summary order (in the case of Busan East District Court Decision 2015 Jindo, 1679) and a copy of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of an order to attend a compliance driving lecture is heavy in light of the fact that the defendant committed the instant crime even if he had the same criminal record, but has not been convicted of a fine exceeding the previous criminal record, the defendant's age, occupation, family relationship, blood alcohol concentration level, driving distance, etc. shall be determined as ordered by taking into account all the normal data revealed in the trial process, including the following:

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