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(영문) 부산지방법원 2015.11.10 2015고단3368
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

On February 8, 2007, the defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court on December 24, 2008, a fine of KRW 2.5 million for the same crime in the same court on December 24, 2008, a fine of KRW 1 million for the same crime of violation of the Road Traffic Act (non-license) in the same court on May 18, 2009, and a fine of KRW 4 million in the same court on September 28, 2009.

On 01. 22:29 on 01. 06. 01. 22:29, the Defendant driven CM5 vehicle under the influence of alcohol content 0.129%, without a driver’s license, at a section of about 200 meters in the Bridge located in the Bridge 9-dong, Busan Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses and detailed statements of cancellation thereof;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) 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 criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Selection of imprisonment with prison labor because of the same kind of crime committed;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflectability of the accused and the fact that there has been no criminal records until now since 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration, such as the fact that the defendant has no criminal records exceeding the fine);

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

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