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(영문) 부산지방법원 동부지원 2014.10.08 2014고단1278
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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On September 7, 2007, the Defendant was sentenced to a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) in the Busan District Court’s branch branch court, and on December 20, 2013, the same court was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 15, 2014, around 05:42, 2014, the Defendant driven a B-hand car under the influence of alcohol with approximately 500 meters alcohol level 0.140%, without obtaining a driving license from the front side of the Dondong Shipping Daegu Don-dong, Busan to the front side of the Dondong Don-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Criminal records: Application of inquiry reports and investigation reports, including criminal records, 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 (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 with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du1148, Jan. 1, 2001>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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