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(영문) 부산지방법원 2012.12.28 2012고합989
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

[criminal power] On December 4, 2006, the Defendant issued a summary order of KRW 3 million at the Busan District Court on the grounds of a violation of the Road Traffic Act (driving) and a summary order of KRW 2.5 million on December 9, 201 by the same court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 5, 2012, around 23:50, the Defendant driven a CBelgium car under the influence of alcohol content of 0.074% while under the influence of alcohol, without obtaining a driver’s license from the front of the cross-deflation in front of the Seo-gu, Seo-gu, Busan to the front of the “sea water” restaurant located in the same Dong from around 400 meters.

Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again drive the motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries about the results of drinking control;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, investigation reports by the prosecution (report accompanied by a copy of the judgment) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc. have a history of criminal punishment on three occasions due to a drunk driving, and the driver’s license was revoked on January 11, 201 due to a drunk driving committed on November 14, 201.

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