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(영문) 부산지방법원 2014.09.26 2014고단4918
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 4, 2009, the defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act at the Busan District Court on August 8, 2009, and on June 5, 2013, the defendant was sentenced to a suspended sentence of two years for six months for the same crimes in the same court on June 5, 2013, and is still under the suspended sentence.

On May 28, 2014, at around 21:12, the Defendant is driving a C Sti-type car with approximately 15 km section from the Yak-si parking lot located in Gangseo-gu Busan Metropolitan City to the area near the Yak-dong, Busan Metropolitan City, with no driver's license, while under the influence of alcohol with 0.103% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver and the driver’s license register of the automobile;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (attached to judgments and confirmation of the fixed date);

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 fact that the sentence is a crime during the same kind of suspended sentence;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that it is the most recent family, and the reflectivity);

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