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(영문) 부산지방법원 2018.02.07 2017고단5601
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 8, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on September 27, 2013, a summary order of KRW 4.5 million for the same crime from the Busan District Court's Dong Branch.

【Criminal Facts】

1. On October 29, 2017, the Defendant driven BM3 motor vehicles under the influence of alcohol with approximately 0.097% alcohol concentration from a section of approximately 1km from the day off which Busan was the front of the international white apartment located in the same Dong and located in the same Dong from the day on which it was around 04:47 on October 29, 2017.

Accordingly, a person who has violated Article 44 (1) of the Road Traffic Act not less than twice and drives a motor vehicle under the influence of alcohol in violation of it.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said SM3 car without obtaining a driver’s license at the same time and place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: The application of an inquiry letter, such as criminal history, and an investigation report (two times the drinking record);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., the violation of Article 53 and Article 55 (1) 3 of the Act on Reduction of Small Quantity, and the absence of criminal records, except the punishment for two times due to driving under influence of alcohol, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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