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(영문) 부산지방법원 동부지원 2020.02.05 2019고단960
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 03:37 on August 30, 2018, the Defendant driven a motor vehicle in the E-P-type under the influence of alcohol level of about 6 km from the house located in Busan Shipping Daegu B to the street in front of the D store located in Busan-gun C, 0.161% of alcohol level.

On August 14, 2017, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the Busan District Court on August 14, 2017.

On April 25, 2019, the Defendant driven a drinking test around August 30, 2018.

‘The crime' is under trial after being prosecuted for the violation of the Road Traffic Act (driving) in this court for criminal facts.

On March 31, 2019, the Defendant, without obtaining a driver's license on March 31, 2019, driven an E Spati-type car from approximately 4km from the front of Busan Shipping Daegu to the front of the 692 plane captain in front of the 692 plane captain, while under the influence of alcohol 0.053% of alcohol level without obtaining a driver's license.

Summary of Evidence

"2019 Highest 960"

1. Defendant's legal statement;

1. "Aplow-down report on the results of the control of drinking driving, a statement on the circumstances of drinking drivers, an investigation report on a motor vehicle accident, a traffic accident investigation report, and a victim vehicle, a victim vehicle, a suspect photograph of the victim vehicle";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the situation of driving without a driving under the influence of alcohol, a report on the situation of a driver with a driving under the influence of alcohol, a report on the situation of driving without a license, a report on the status of driving under the influence of alcohol, a driver's license ledger, a criminal record

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparag. 1 and Article 43 of the Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparag. 1 and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Mar. 31, 2019);

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

1. Selection of penalty;

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