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(영문) 부산지방법원 동부지원 2019.01.09 2018고단2124
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2003, at the Busan District Court's Dong Branch, the defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving) at the Busan District Court on August 9, 2004, a fine of three million won due to a violation of the Road Traffic Act (driving without a license), a violation of the Road Traffic Act (driving without a license) at the Busan District Court on September 29, 2009, and a fine of three million won due to a violation of the Road Traffic Act (driving without a license) at the Busan District Court on September 29, 2009. On February 11, 2011, the defendant was sentenced to a summary order of three million won due to a violation of the Road Traffic Act (driving without a license) at the Busan District Court on February 6, 201 and a suspended sentence of two years.

Although the Defendant had had a history of drinking twice or more as above, the Defendant driven D Launa vehicle at approximately 700 meters from the Busan Southern-gu building to the front road of C apartment without a driver’s license under the influence of alcohol at around 02:10 on July 25, 2018, while under the influence of alcohol at least 0.115%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Registers of automatic driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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