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부산지방법원 2014.02.17 2013고단8139
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 15, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on May 18, 201, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Busan District Court on May 18, 201, and violated Article 44 (1) of the Road Traffic Act at least twice.

On October 14, 2013, at around 07:15, the Defendant driven B 125cc cala while under the influence of alcohol without a motorcycle driver’s license at a section of about 7 km from the street in the south-gu Busan National University to the street in front of the Yan-dong, Busan National University.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records;

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 2 of Article 154 and Article 43 of the Road Traffic Act;

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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;