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(영문) 부산지방법원 2014.02.04 2013고단8618

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

1. Around November 17:46, 2013, the Defendant was driving a studio without a license plate in the state of under the influence of alcohol 0.342% of the blood alcohol concentration of approximately 500 meters from a section of about 500 meters to a male light apartment in front of the New Heungdong, which is located in the Guncheon-dong, Busan, to a male light apartment in the same Dong without a license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of Oral Ba, operated the said Oral Ba which was not covered by mandatory insurance at the time, time, and place under the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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

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

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;