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(영문) 부산지방법원 2016.02.17 2015고단7461
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 8, 2012, the Defendant issued a summary order of KRW 2 million for a violation of road traffic law at the Busan District Court on May 8, 2012, and 200 won for a fine of KRW 2.5 million for a violation of road traffic law at the Changwon District Court on April 6, 2015. The Defendant issued a summary order of KRW 2.5 million for a violation of road traffic law at the Changwon District Court on April 6, 2015.

On October 19, 2015, the Defendant driven B 1 mobile-line cargo vehicles in the state of alcohol alcohol concentration of 0.126% while under the influence of 0.126% while under the influence of alcohol without a vehicle driver’s license, from the parking lot of Taesan apartment in the Asia-si, Busan Metropolitan City to the front road of the entrance of the Gauk-dong in Gangseo-gu, Busan Metropolitan City.

On November 1, 2015, the Defendant driven any B1 ton cargo vehicle at a section of about 110km from the front to the front road of the Si/Gu of Busan to the Gyeong-gun, Gyeong-gun, Busan, without a driver's license on November 1, 2015, the Defendant driven any B1 ton cargo vehicle at a section of about 110km from the front to the front road.

Summary of Evidence

[2015 Highest 7461]

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 circumstances of the driver placed in driving, inquiry of the results of crackdown on the driving of alcohol, response to requests for appraisal, report on detection of the driver placed in driving, and the register of

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order, etc.)

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (the same type of crime) shall be suspended;

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