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(영문) 부산지방법원 2015.08.11 2015고단2600
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a passenger vehicle BM3. A.

On September 4, 2006, the Defendant issued a summary order of KRW 500,000 to a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) at the Busan District Court and Dong Branch of the Busan District Court on May 8, 2014 and issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Busan District Court on May 8, 2014, and on September 24, 2014, the Defendant issued a summary order of KRW 6 million to a fine of KRW 6 million at the Busan District Court on September 24, 2014 and was punished for the same crime under the same name on more than two occasions.

Nevertheless, at around 00:20 on February 4, 2015, under the influence of alcohol with 0.054% of blood alcohol concentration without a driver’s license, the Defendant drives approximately 30 meters from the front day of the back-of-the-counter 56-ro 15, Busan Seo-gu square to the front day of the pre-the-counter golf-ro 56-gil 33, the same square.

B. Violation of the Road Traffic Act (Free License) was driven by the Defendant at the above temporary location without a vehicle license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. A disqualified meeting and driver's license inquiry of the main office;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as reflective nature, drinking volume, and the fact that there is no criminal record before and after the judgment);

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

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