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(영문) 부산지방법원 2014.09.26 2014고단4877
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 May 17, 2010, the Defendant: (a) issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court on May 17, 201; (b) issued a summary order of KRW 3 million for the same crime at the same court on August 17, 2010; (c) received a summary order of KRW 5 million from the same court on May 23, 2014; and (d) violated the prohibition of the violation of the Road Traffic Act on at least two occasions by being notified of the summary order of KRW 5 million for the same crime.

On May 28, 2014, the Defendant, without obtaining a driver’s license at around 00:50 on May 28, 2014, driven approximately 500 meters-meter B vehicles in front of the way, if the Defendant was under the influence of alcohol at around 0.128 percent of the blood alcohol concentration on the roads of the same Gu, Busan Metropolitan City trigrams and the roads of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the results of crackdown on drinking driving and the driver's license register;

1. Application of statutes to inquiries about criminal records, etc.;

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

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

1. Selection of imprisonment in consideration of the same kind of punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (no more than suspended qualifications shall be subject to punishment);

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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