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(영문) 부산지방법원 2018.12.20 2018고단4705
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 13, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court (drinking on drinking), a summary order of KRW 2 million for the same crime at the same court on May 9, 201, and a summary order of KRW 5 million for the same crime at the same court on November 3, 2015, respectively.

[Criminal facts]

1. On September 20, 2018, the Defendant was driving a BEAVVVVE 124C 124cc under the influence of alcohol leveling 0.080% in a section of about 2km from the front side of the Dong-dong, Busan-dong, Busan-dong, to the front side of the international white apartment at the same time.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving the said vehicle under the influence of alcohol by violating it again.

2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven the above part of the ship without obtaining a motor device license from a section of about 2 km from the front side of the Dongnam-gu Busan Metropolitan City to the front side of the above international white apartment at about 1.1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driving driver, investigation report (report on the situation of the driving driver), report on the situation of driving without a license, inquiry of the results of crackdown on the driving of alcohol, the register of driver's licenses for automobiles, and investigation report (specific driving distance);

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Options of imprisonment);

1. Matters indicated in Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”) are as follows.

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