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(영문) 부산지방법원 2013.10.01 2012고단9753
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 17:55 on October 20, 2012, the Defendant driven CM3 vehicle while under the influence of alcohol leveling 0.107% without a vehicle driver’s license in a section of approximately 1m in front of a restaurant, the sM3 vehicle in which the sM3 vehicle was driven without a vehicle driver’s license in the direction of the sM3 vehicle in which the sM3 vehicle was under the influence of alcohol leveling at least 0.107% in front of a restaurant.

2. Around 11:30 on December 8, 2012, the Defendant driven a CM3 car without a vehicle driver’s license on a section of about 100 meters from the vicinity of the Western Village in Gangseo-gu Busan Metropolitan City to the large distance in the same Dong.

3. Around 14:40 on February 4, 2013, the Defendant driving a D freight vehicle without a driver’s license in the section of approximately 8 km from the roads near the Doc-ro, the Doc-ro, the Doc-ro, the city of which is located in the state-dong, Busan, to the flow-based ethyl distance in the south-gu, Busan.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written report from an employee of an employer;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction of a fine exceeding the same kind of fine for the accused, and the fact that the recipient of the basic living security supports minor children of the third degree disability of the brain disease);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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