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(영문) 부산지방법원 동부지원 2015.08.26 2015고단1076
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

1. Around June 19:51, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) and operated B QM5 automobiles without obtaining a driver’s license in the section from around the subway Station to the modern parking lot located in the same Dong, from around 2.5km to the Do.

2. On September 17, 2010, the Defendant violated Article 44(1) of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license). On March 31, 2015, the Defendant was under the influence of having violated Article 44(1) of the Road Traffic Act on two or more occasions by being sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving without a license) from the Suwon District Court on the grounds of the violation of the Road Traffic Act (driving). On March 31, 2015, the Busan District Court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving with a fine of KRW 4 million) at the Busan District Court’s branch branch on March 31, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Subparagraph 1 of Article 152, Article 43, 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 a license without license) of each relevant Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (Consideration, circumstances of driving, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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