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(영문) 부산지방법원 2013.08.21 2013고단3384
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant, at the Busan District Court on October 18, 2006, is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 7 million from the same court on December 22, 2010 as a fine of KRW 1.5 million for the same crime, a fine of KRW 1.5 million for the same crime at the same court on October 22, 2010, and a person who violated Article 44(1) of the Road Traffic Act on at least two occasions by receiving a summary order of KRW 7 million from the same court on December 18, 2012.

On May 6, 2013, at around 21:53, the Defendant driven a B B B-type car under the influence of alcohol content of 0.089% without obtaining a driver’s license from the front of the Egypt located in the Glockdong, Busan, to the front road of the thought station located in the same Gu trigram law.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation 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 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 alternative imprisonment with prison labor (to take into account the criminal records of the defendant's same criminal records, circumstances of drinking driving, drinking volume, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession and reflect);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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