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(영문) 부산지방법원 2017.09.27 2017고단4174
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 30, 2014, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on July 30, 2014, and two million won for the same crime at the same court on April 14, 2016.

[2] On July 24, 2017, the Defendant driven B car rental cars at a section equivalent to 3 Km from the Dong-gu in Busan-dong to the front road of the Dong-dong Police Station security patrol patrol unit located in Busan-dong Port, under the influence of alcohol content of 0.079% during blood without obtaining a driver’s license on July 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same criminal records and confirmation of the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective facts and no record of punishment exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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