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(영문) 부산지방법원 2015.06.17 2015고단1484
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

[criminal power] On July 29, 2014, the Defendant issued a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act at the Busan District Court on July 29, 2014, KRW 1 million for a violation of the Road Traffic Act (free license) and KRW 2 million for a fine in the same court on July 30, 2014, and September 24, 2014 by the same court on September 24, 2014.

【Criminal Facts】

The defendant is a person who drives a driver's vehicle B's lurged vehicle.

On February 2, 2015, at around 04:35, the Defendant driven the above vehicle at a section of approximately 200 meters from the roads front of the mutual influence store located at the bottom of Busan, to the lower end of the estuary-dong, while under the influence of alcohol by 0.068% without a car driver’s license, the Defendant driven the above vehicle at a section of approximately 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the state of driving under the influence of alcohol, criminal report, vehicle inquiry, the register of driver's licenses, and the results of crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same type of electric records) and statutes, including criminal records;

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

1. Imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the blood alcohol concentration is not high, and that there is no special criminal record other than fines for three times);

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

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