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(영문) 부산지방법원 2014.05.26 2014고단2080
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

[criminal power] On April 25, 2006, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court on May 17, 2007, to a summary order of 4 million won by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court on May 17, 2007, and to a summary order of 5 million won by a fine at the Busan District Court on May 8, 2013.

【Criminal Facts】

On February 19, 2014, at around 13:25, the Defendant driven a spact-type B under the influence of alcohol content 0.136% under the influence of alcohol without obtaining a driver’s license at a section of approximately 500 meters from the so-called “Spact-dong, Busan” to the front side of the entrance of an international apartment located in the same Gu Ttam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of a driver, report on the status of a driver, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account various sentencing conditions, including the fact that the defendant is against himself and the criminal records of the defendant);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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