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(영문) 부산지방법원 동부지원 2014.07.09 2014고단842
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 of the final judgment.

Reasons

Punishment of the crime

On December 27, 2010, the Defendant issued a summary order of KRW 1 million for the violation of the Road Traffic Act in the Busan District Court's branch branch court (hereinafter referred to as the "Aggravated branch court") and on March 14, 2013, the Defendant issued a summary order of KRW 3 million for the violation of the Road Traffic Act (hereinafter referred to as the "Aggravated branch court") to the Busan District Court's branch court.

As seen above, the Defendant, while under the influence of alcohol at around 01:40 on May 13, 2014, without obtaining a driver’s license on the same day. While under the influence of alcohol at a level of 0.186%, the Defendant driven Bol XG car at approximately 100 meters from the front of the plane captain located in the military plane captain in front of the SK KK oil station located in the same military plane captain of Busan-gun, the Defendant driven Bol XG car at a level of about 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Registers of driver's licenses;

1. Previous offense: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order of the same kind of crime);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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