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(영문) 부산지방법원 2018.03.26 2017고단5958
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2017, at around 05:40, the Defendant driven a C-car under the influence of alcohol with approximately 8km alcohol concentration of 0.124% without obtaining a driver’s license from the road near the Nam-gu Busan metropolitan area to the Busan metropolitan area.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a report on the situation of a driver placed in the main place, a report on detection of a driver placed in the main place, a ledger of driver's licenses, and an tea

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imprisonment with prison labor for a violation of the Road Traffic Act due to a drunk driving);

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr.

1. The defendant's reasons for sentencing in Article 62-2 of the Criminal Code for the protection and observation observation lies in depth of his mistake, but the defendant who has been sentenced to each fine due to traffic accidents caused by drinking driving and driving without a driver's license and driving without a driver's license and driving without a driver's license and driving without a driver's license and driving a motor vehicle again

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