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(영문) 부산지방법원 2016.10.28 2016고단4541
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

around 12:10 on July 27, 2016, the Defendant driven a Fone Star Cargo in the section of about 300 meters from the front side of the “Epire” road located in Busan Northern-gu, Busan, under the influence of alcohol content of 0.30%, to the front side of the “Epire” road located in Busan Northern-ro 12-gil 27, 30 meters from the front side of the “E” road to the front side of the said “E”.

The Defendant, “2016 Highest 4866,” is operating the said “Epire”.

The Defendant was dissatisfied with the Defendant’s “H cafeteria” employees of the victim G(45 years of age) who spits tobacco in front of the seeds.

At around 23:40 on May 17, 2016, the Defendant taken a photograph of the victim’s “H restaurant” in order to resist the above situation at the H restaurant head office, and the Defendant took the photograph of the victim’s “drawing off without permission” from the victim. The Defendant was placed with a transition (the blade length 9cm, the total length 21cm) of dangerous articles (the blade length, 21cm) being kept by the said seeds, and threatened the victim with the victim as they were.

Summary of Evidence

"2016 Highest 4541"

1. Defendant's legal statement;

1. Report on the circumstantial statement of a host driver: "2016 Highest 4866";

1. Protocol of the police statement concerning G;

1. Photographs of criminal tools;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be applicable to concurrent crimes within the scope of the sum of the long-term punishments of each such crimes: Provided, That the minimum sentence shall be the penalty stipulated for the violation of the Road Traffic Act];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. Confiscation Article 48(1) of the Criminal Act

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