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(영문) 부산지방법원 2015.11.18 2015고단5357
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 14, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court on September 14, 2009; the summary order of KRW 2 million for the same crime at the same court on February 16, 2010; the summary order of KRW 5 million for the same crime at the same court on August 31, 2012; and the summary order of KRW 7 million for the same crime on August 1, 2014 at the Busan District Court’s Dong Branch Branch.

On July 27, 2015, at around 23:40, the Defendant driven CK7 car without obtaining a driver’s license from a section of approximately 1.2 km of blood alcohol concentration from a section of approximately 0.081% of blood alcohol concentration to the front of the Busan National Agricultural Cooperative to the return of the same Busan National Cemetery, from the East-gu, Busan National University-dong.

As a result, the Defendant was under the influence of alcohol not less than twice and was punished, and once again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on circumstantial statements of a driver with a driver with a driver’s license, report on the circumstances of driving with a driver with a driver’s license, license ledger, and details

1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports (Attachment to the same type of power judgment, etc.), each judgment, and application of Acts and subordinate statutes of each summary order;

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

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

1. Imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment exceeding a fine for the same kind of crime; Article 62 (1) of the same Act; Article 62

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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