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(영문) 부산지방법원 2016.11.24 2016고단944 (1)

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six 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

"2016 Highest 944" Defendant is a person who drives a DNA cargo vehicle.

On December 12, 2015, the Defendant driving the above cargo at a distance of about 10km from the Maradong-dong Bridge to the front of the same dong-dong oil station without obtaining a driver's license at around 05:20 on December 12, 2015.

On July 3, 2016, at around 07:10, the Defendant driven a DNA cargo vehicle under the influence of alcohol content of about 0.073% without obtaining a driver’s license in the section of about 4km from the front of the 733-ro, 123-ro, e.g., Nakdongnam-dong, 123-ro, e.g., the front of the 4km-dong, Busan, to the front of the Dondo-ro, 123-ro, e.g., the river.

Summary of Evidence

"2016 Highest 944"

1. Defendant's legal statement;

1. The register of driver's licenses (A) 2016 Highest 4540;

1. Defendant's legal statement;

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

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of a sound driving) of the corresponding Act;

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

3. Selection of each sentence of imprisonment;

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

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

6. The punishment as ordered shall be determined by taking into account the following circumstances: Article 62-2(1) of the Criminal Act; Article 59 of the Act on Probation, Etc.; Article 62-2(1) of the same Act; Article 59 of the Act on the Punishment, etc. of Probation, etc.; Article 62-2(1) of the same Act; Article 59 of the same Act provides for the same type of crime for the punishment of punishment; Article 62-2(1) of the same Act; the