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(영문) 부산지방법원 2019.07.10 2019고단2090
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 12, 2013, the Defendant issued, at the Seoul Western District Court, a summary order of KRW 3 million for a crime of violating the Road Traffic Act, and on August 29, 2016, a summary order of KRW 3 million for the same crime at the same court, respectively.

1. On May 14, 2019, the Defendant driven an Eland knife vehicle without obtaining a driver’s license under the influence of alcohol level of approximately 0.078% from the 5km section from the Dotel parking lot in Busan-gu to the D department store in Busan-dong-gu, on May 14, 2019, even though there was a history of being punished for drinking twice or more as seen above, on May 14, 2019.

2. On May 22, 2019, around 16:20 on May 22, 2019, the Defendant driven a G car without obtaining a driver’s license from the roads adjacent to the F building in Busan, Busan, to the roads adjacent to the Busan, Jin-gu, Busan, to the 283 Busan, Jin-gu, Busan, and the front road of the Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the register of driver's licenses, and field photographs;

1. Previous records: The application of criminal records, inquiry 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 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; and

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the defendant reflects on the crime of this case);

1. Social service order under Article 62-2 of the Criminal Act;

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