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(영문) 부산지방법원 2014.10.13 2014고단6232
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 9, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on March 12, 2014 to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On June 29, 2014, the Defendant, without a driver’s license around 08:25, driven BK-5 meters from the 500-meter public parking lot in Busan East-gu to the front road of the luxian in the same hot spring zone, while under the influence of alcohol by 0.144% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on traffic accidents, reports on proper driving of drinking drivers, reports on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, reports on the state of drinking drivers, and the register of driver'

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (written confirmation of sound 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 Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;

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

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., that the defendant is against whom the suspension of execution is imposed, and that there is no criminal record against the defendant beyond the fine);

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