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(영문) 부산지방법원 2014.08.22 2014고단3262
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 November 14, 2013, the Defendant was notified of a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act in Daegu District Court and racing support, and on March 5, 2014, the Defendant was notified of a summary order of KRW 5 million by Busan District Court on March 5, 2014.

Although the Defendant was punished twice or more for the crime of violation of the Road Traffic Act as above, on March 12, 2014, at around 02:25, the Defendant driven a B-to-purd vehicle under the influence of alcohol with approximately 100 meters without obtaining a driver license from the front side of the pen located in the Busan-gu Busan-do, Busan-do, to the front side of the Hyperbridge located in the Busan-do, and without obtaining a driver license, from around 100 meters to the front side of the Hyperbridge located in the Busan-do, Busan-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the situation of running a motor vehicle with the driver’s license and a driver’s license inquiry;

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

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the fact that there is no more penalty of suspension of qualifications or more);

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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