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(영문) 부산지방법원 2015.12.15 2015고단6666
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 December 20, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on December 20, 201, and a fine of six million won for a violation of the Road Traffic Act at the Busan District Court on June 3, 2015.

On October 7, 2015, at around 20:25, the Defendant driven CK5 cars under the influence of alcohol with approximately 500 meters alcohol concentration of 0.136% without a vehicle driver’s license in the section of approximately 500 meters from the “fluent apartment in the heading of the Geum-gu Busan Metropolitan City to the front day of the gas station in the same Dong.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of suspect driving records) and Acts and subordinate statutes;

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 because of the same kind of crime committed;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the reflection of the accused and the fact that there is no record of the crime exceeding the fines);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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