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(영문) 부산지방법원 2014.01.08 2013고단6343

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than five 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 December 25, 2013, from around 20:30 to 20:50 on the same day, the Defendant driven approximately 1 Km section from the front of the Master’s Roster in Busan Western-dong to the road in front of the same Moradong Maradong Maradong, with no license plate attached to mandatory insurance without a motorcycle driver’s license, while under the influence of alcohol content of about 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (a copy of summary order, etc.);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

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 suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant has been punished twice for drunk driving, but it reflects his own crime, such as

1. Social service order under Article 62-2 of the Criminal Act;