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(영문) 부산지방법원 2015.12.16 2015고단5811
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 6, 2007, the Defendant received a summary order of KRW 700,000,000 from the Busan District Court Branch of Dong Branch of the Busan District Court as a fine for a violation of the Road Traffic Act (driving). On December 16, 2013, a fine of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act (driving) from the Busan District Court, and on December 1, 2014, a fine of KRW 8 million was issued from the Busan District Court.

Criminal facts

On August 26, 2015, at around 00:09, the Defendant driven Csch-ton car at approximately 500 meters from the roads front of the Pancho-gu Busan to the river front of the river of the same kind, while under the influence of alcohol with 0.152% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. An inquiry into driver's license, a report on the circumstantial statement of a drinking driver, and an inquiry into the results of crackdown on drinking;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, 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. 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 (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment exceeding a fine for the same kind of crime, the depth of the crime, and

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

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