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(영문) 부산지방법원 2015.08.18 2015고단527
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 June 27, 2013, the Defendant was issued a summary order of KRW 4 million by the Busan District Court for the crime of violation of the Road Traffic Act, and on May 16, 2014, the Defendant was issued a summary order of KRW 5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

On December 19, 2014, at around 00:21, the Defendant driven a B-learning car under the influence of alcohol with approximately 20 meters alcohol concentration 0.120% without obtaining a driving license from the front of the B-dong parking lot located in the Busan East-gu, Busan to the front road of the said B-dong parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver and a report on the status of the driving of a driver;

1. Details of driver's license revocation and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration, etc. of the accused);

1. Article 62 (1) of the Criminal Act in the suspension of execution (including the fact that there is no record of crimes exceeding the fine);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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