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(영문) 부산지방법원 2013.08.28 2013고단3534
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

On April 11, 201, the Defendant issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Busan District Court on April 11, 201, and on February 1, 2012, a summary order of a fine of four million won or more for a violation of the Road Traffic Act at the Busan District Court on February 1, 201, respectively, and violates Article 44 (1) of the Road Traffic Act on at least two occasions.

On May 26, 2013, around 00:20 on May 26, 2013, the Defendant driven a Csch Rexton car under the influence of alcohol concentration of 0.057% without obtaining a driver’s license from approximately 1.5km in front of the camping market located in the Busan Jin-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Investigation report (Motor vehicle driver's license register);

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

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a summary order);

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 same criminal records of the accused);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (self-gradation, circumstances of drunk driving and reflectivity);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

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

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