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(영문) 부산지방법원 동부지원 2021.03.17 2020고단2569
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Busan District Court, and on October 17, 2019, the Defendant was issued a summary order of three million won for a crime of violating the Road Traffic Act at the Ulsan District Court.

1. On September 21, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) on September 21, 2020, without obtaining a driver's license, drive the freight vehicles listed in paragraph (1) from the Defendant's office located in Busan Shipping Daegu B to the Busan Metropolitan Office's branch office located in the same Dong-dong Busan Metropolitan Office. On September 21, 2020, the Defendant driven the freight vehicles listed in paragraph (1) from around 2 km to the Busan Metropolitan Office's branch office located in the same Dong-dong Busan Metropolitan Office. On September 15:59 of the same day, the Defendant driving the freight vehicles listed in paragraph (1) from around 2km to the above Defendant's office.

2. On September 22, 2020, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) on September 22, 2020, while under the influence of alcohol leveling 0.166% in around 03:5 on September 22, 2020 without a driver’s license, the Defendant driven a C Poter truck to the extent of about 4 meters in order to move the parking on the roads in front of Busan Metropolitan City B in Busan Metropolitan City.

As a result, the Defendant violated the prohibition on drinking at least twice, and at the same time, was driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge), report of 112, report of the case, ledger of driver's license, details of revocation of driver's license, and inquiry into the main office;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the same type of crime records), application of summary order Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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