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(영문) 부산지방법원 2017.09.13 2017고단3697
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 14, 2006, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of KRW 5 million from the Busan District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act in the Busan District Court on February 23, 2016, a fine of KRW 7 million due to a violation of the Road Traffic Act in the Busan District Court on February 23, 2016, and a fine of KRW 5 million due to a violation of the Road Traffic Act in the Busan District Court on December 7, 2016.

On June 30, 2017, around 17:20, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.230% without obtaining a driver’s license from around the 1km section to the roads near the Busan High School, Busan High School.

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: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

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

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., reflective points and no record of punishment exceeding a fine) of the mitigated amount;

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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