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(영문) 부산지방법원 동부지원 2016.08.31 2016고단994

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2015, the Defendant was issued a summary order of a fine of seven million won for a crime of violating the Road Traffic Act at the Busan District Court. On April 23, 2015, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Busan District Court on April 23, 2015, and on July 19, 201, issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court on July 19, 201.

On April 27, 2016, at around 01:10, the Defendant driven a BG car at a section of approximately 1 meter away from the road located in the Southern-gu Busan Metropolitan City, with alcohol content of 0.130% without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of the driver at the main place, report on the circumstances of the driver at the main place, and the register of driver's licenses;

1. Previous offense: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1, Article 152 (1), and Article 43 (Unlicensed Driving) of the Traffic Act concerning facts constituting an offense, the selection of a sentence for imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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