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(영문) 부산지방법원 동부지원 2014.06.25 2013고단1821
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 26, 2006, the defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court's branch branch on March 26, 2007, a fine of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court's Busan District Court's branch on March 26, 2007, and a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (Free Driver's License) from the Young Month branch on June 20, 207, respectively, and on May 25, 2012, from the Busan District Court's branch branch on May 25, 2012, the above judgment becomes final and conclusive on June 2, 2012.

【Criminal Facts】

On June 20, 2013, at around 08:40, the Defendant, without a driver’s license, driven a BW car within about 1km from the front day of the BM store located in the Busan Shipping Daegu Do to the front intersection of the seaman’s elementary school located in the same Dong, while under the influence of alcohol by 0.09% without a driver’s license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previouss: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of criminal history, etc.);

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