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(영문) 부산지방법원 2013.06.19 2012고단10380

도로교통법위반(음주운전)등

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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

"2012 Highest 10380"

1. On December 1, 2012, the Defendant, without obtaining a driver’s license at around 23:20 on December 1, 2012, driven a lux apartment with a 100-meter jum B New-Woo XD car at the front of the mobilization apartment located in Busan Northern-dong, with a blood alcohol concentration of 0.108%.

"20132 Highest 637"

2. On January 9, 2013, at around 11:30, the Defendant driven a vehicle of approximately 30 meters from the front side of the beneficiary industry located in the Seopo-dong of Busan Metropolitan City to the front day of the Seopo-gu Public Security Center located in the same Dong without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Although the defendant has been punished twice as a fine due to drunk driving, it shall be taken into account that he/she makes a confession and reflects it);

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