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(영문) 부산지방법원 2017.05.31 2017고단1205
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2009, the Defendant is a person who violated Article 44(1) of the Road Traffic Act, such as a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving), a fine of 2.5 million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on December 1, 2009, and a fine of 7 million won for a violation of the Road Traffic Act at the Busan District Court on October 20, 2014.

On February 15, 2017, at around 01:40, the Defendant driven a B Mart car with approximately KRW 500 meters alcohol concentration of 0.100 percent in alcohol while under the influence of alcohol without a driver’s license, on the one hand, at the Hanyang-dong located in the Hanyang-dong, Hanyang-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger (the No. 16 of the evidence list);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order) statute;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da10

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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