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(영문) 부산지방법원 2014.05.12 2014고단1877
도로교통법위반(음주운전)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

[criminal power] On July 2, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on April 19, 2012, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.

【Criminal Facts】

On March 8, 2014, at around 15:00, the Defendant driven a gallon in the state of alcohol with two gallon in the state of drunk alcohol concentration of about 4km from the front of the Geum subway Station located in the Geumdong-gu, Busan to the front of the U.S. intersection located in the Busan East-gu, and without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing and statement, the register of driver's licenses, and detailed statements on the revocation of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a report on confirmation of the same type of punishment records);

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 Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of circumstances, such as the fact that the defendant is against the defendant, and that the defendant has no record of punishment exceeding the fine for the same kind of crime);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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