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(영문) 부산지방법원 2015.01.16 2014고단8466
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 February 21, 2011, the Defendant was issued a summary order of KRW 5 million by the Busan District Court due to the crime of violation of the Road Traffic Act (driving) and became final and conclusive on March 4, 201. On May 31, 2013, the Defendant was issued a summary order of KRW 5 million by the same court as the same crime, and the said summary order was finalized on June 25, 2013.

On September 30, 2014, the Defendant driven BM5 car from the front side of the Geumdong of Busan to the front road of the livestock product sanitation control office located in the same location, while under the influence of alcohol of 0.067% by blood alcohol level without obtaining a driver's license on September 22, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the results of crackdown on drinking driving and the driver's license register;

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

1. Article 148-2 (2) 1 of the Road Traffic Act as stated in the indictment under Article 148-2 (1) 1 of the corresponding Act concerning the crime is correct because it is obvious that it is a clerical error under Article 148-2 (1) 1 of the Road Traffic Act;

Article 4(1)(A) of the Road Traffic Act, Article 152 subparag. 1, and Article 43(a) 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 a person drives a motor vehicle under the influence of alcohol without a license even though there are many kinds of penalties for the same kind of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., pop

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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