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(영문) 부산지방법원 2015.04.29 2014고단10182
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 September 17, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court on September 17, 2007, and a fine of five million won by the same court on September 25, 2013, respectively.

1. On December 20, 2014, the Defendant, without a motorcycle driver’s license on December 22 and 10, 2014, driven 30 meters away from the road upstream of the station in front of the station in front of the Busan Jung-gu to the road in the same Dong, while under the influence of alcohol at 0.241% of the blood alcohol content without a motorcycle driver’s license on December 20, 201.

2. The Defendant operated Oral Ba without purchasing mandatory insurance at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the status of running a motor vehicle on a motor vehicle driving, report on the circumstances of a motor vehicle driving, inquiry into the results of crackdown on drunk driving, register of driver's licenses, and mandatory insurance;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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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