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(영문) 부산지방법원 2014.01.21 2013고단8297
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant issued a summary order of KRW 2 million at the Changwon District Court on April 17, 2013 due to a violation of the Road Traffic Act, and on October 22, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 million by imprisonment for a violation of the Road Traffic Act, etc. on October 30, 2013 and the said judgment becomes final and conclusive on October 30, 2013.

On November 17, 2013, at around 01:10, the Defendant driven the CM5 vehicle under the influence of alcohol level of 0.145% without a driver’s license from the CM5 meters section from the CF hotel parking lot located in the Busan Metropolitan City, Busan Metropolitan City, to the 2nd road of the Manduk-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records and investigation reports (report on the results of confirmation before and after disposition, and attachment of previous judgments and related judgments, 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs);

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