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(영문) 부산지방법원 서부지원 2019.01.18 2018고단1762
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 23, 2014, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Busan District Court, and on May 25, 2016, the Defendant received a summary order of KRW 1.5 million as a fine for the same crime at the same court.

On 23:25 on 2018, the Defendant, while under the influence of alcohol with 0.235% without a car driver’s license, driven a car over approximately 200 meters FM520 meters from the road near Busan Gangseo-gu to the E next parking lot located D, in Busan Gangseo-gu without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflective attitude, recent same criminal records, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act, including the fact that the defendant is remarkably divided, the developments leading to the crime in this case, the details of the same criminal records and time interval between the crimes in the same kind, circumstances after the crime, the age, character and conduct, environment, family relationship

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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