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(영문) 부산지방법원 동부지원 2013.07.17 2013고단1112
도로교통법위반(음주운전)등
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

1. Around 21:00 on March 22, 2013, the Defendant was driving a C-A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

2. On October 1, 2007, the Defendant was sentenced to a suspended sentence of 700,000 won for a fine of 1 million won for a violation of the Road Traffic Act in the Busan District Court's branch court's order on November 16, 2007 for a violation of the Road Traffic Act. On November 16, 2007, the Defendant was sentenced to a suspended sentence of 2 million won for a fine of 2 million won for the same crime at the Busan District Court's Busan District Court, and on November 12, 2008, to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Busan District Court.

Although the Defendant had three times the power of driving under the influence of alcohol, on March 23, 2013, at around 00:42, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.086% without obtaining a driver’s license from the section of about 3km up to the front road of the film center located in the Busan High-dong, Busan High-dong, Busan High-do.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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