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(영문) 부산지방법원 2014.10.24 2014고단6694
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 October 15, 2007, the Defendant received a summary order of KRW 1,00,000 from the Busan District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and the sentence becomes final and conclusive on November 9, 2007. On January 19, 2011, the Defendant received a summary order of KRW 3,00,000 from the Busan District Court to a fine of KRW 3,00,000 as a crime of violation of the Road Traffic Act, and the sentence became final and conclusive on February 12, 201.

On July 23, 2014, the Defendant, without obtaining a driver's license at around 06:00, driven a car free of charge at approximately 10km from the Defendant's house located in Busan East-gu B to the roads located in Busan Dong-dong in front of the safe storage in Busan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into the results of the crackdown on drinking driving and a driver's license inquiry;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor in consideration of the same kind of punishment, drinking and taking values;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr.

1. Article 62 (1) of the Criminal Act;

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

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