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(영문) 부산지방법원 2015.04.24 2015고단392
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

On January 11, 2010, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act at the Busan District Court, and the sentence became final and conclusive on January 23, 2010. On May 7, 2013, the Defendant was issued a summary order of a fine of five million won at the Busan District Court due to a violation of the Road Traffic Act (driving) at the Busan District Court, and on May 17, 2013, violated the prohibition provisions on driving under the influence of alcohol on at least two occasions.

"2015 Highest 392" Defendant did not obtain a driver's license in violation of the prohibition of driving under the influence of alcohol. On November 13, 2014, around 21:50, the Defendant driven B physical-man's car in a section of about 300 meters from the front of the Heli-gu in Busan City to the front of the amba apartment located in the Yandong-gu, Busan City, the level of alcohol level of 0.208% under the influence of alcohol level.

[2015 Highest 716] The Defendant was a driver of B B B, and the Defendant driven the above vehicle with approximately 200 meters from the lower distance at the bottom of Busan Haak-gu to the front of the establishment of the facility, while under the influence of alcohol at least 0.175% of alcohol without obtaining a driving license on January 1, 2015, the Defendant was under the influence of alcohol at around 01:18.18.

Summary of Evidence

"2015 Highest 392"

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Details of disposition for cancellation of driver's license;

1. Previous records of judgment: Criminal records, etc. "2015 Highest 392";

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The ledger of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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