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(영문) 부산지방법원 2015.11.17 2015고단5396
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On May 31, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Sung-nam branch of Suwon District Court on May 31, 201, and on July 2, 2010, the Defendant was issued a fine of three million won at the Seoul East District Court on July 2, 201.

On August 14, 2015, at around 21:40, the Defendant driven a Cknife vehicle with a blood alcohol content of about 0.082% under the influence of alcohol without a car driver's license at a section of about 3km of the same Si/Gu, from the cknife apartment located in the same Si/Gu, Singu, Singu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle on the driving of the motor vehicle, investigation report (a report on the control of the driving of the motor vehicle);

1. Details of disposition for cancellation of driver's license and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Selection of imprisonment with prison labor because of the same kind of crime committed;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration such as reflectivity of the accused, the circumstances leading up to the driving, and the drinking volume);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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