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(영문) 부산지방법원 2014.12.12 2014고단6866
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

On July 19, 2013, the Defendant was sentenced to a fine of 6 million won due to a violation of the Road Traffic Act (driving) in the Busan District Court’s branch branch branch on July 19, 2013, and was sentenced to a fine of 5 million won by the Daejeon District Court on November 1, 2010 and was sentenced to a fine of 5 million won for the same crime.

At around 05:35 on July 26, 2014, the Defendant, without obtaining a driver’s license, driven a 1 kilometer BM5 vehicle from the road near the ridge ridge in the Southern-dong, Nam-gu, Busan to the front of the bank located in the Seocho-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into the results of the crackdown on drinking driving and a driver's license inquiry;

1. Application of statutes to inquiries about criminal records, etc.;

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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment in consideration of the same kind of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall be taken into account that there is no penalty force

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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