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(영문) 부산지방법원 2016.10.13 2016고단4425

도로교통법위반(음주운전)등

Text

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

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

3.

Reasons

Punishment of the crime

On July 22, 2016, around 04:40 on July 2, 2016, the Defendant driven a BM5 vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.080 meters from the NASpo around the Busan Jinpo-dong to the global loan mileage road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act;

5. Taking into account the fact that an order to attend a lecture has no criminal record of imprisonment without prison labor or heavier punishment for the reason of sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.,