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(영문) 부산지방법원 동부지원 2014.10.22 2014고단1560
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 March 14, 2008, the Defendant was issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act (Refusal of measurement) at the Busan District Court on March 14, 2008, and on July 27, 201, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court’s branch branch.

Although the Defendant, as above, had twice the power of driving under the influence of alcohol, on July 22, 2014, at around 05:10, the Defendant driven a B EFwork-free car at the 1km section from the front of the East Kinkinin in Busan, which was under the influence of 0.132% of alcohol level without obtaining a driver’s license, to the front of the 195 luminous-ro 195, the Defendant driven from the front of the East Kinkinin in Suwon-gu to the front of the Agricultural

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Criminal records: Application of Acts and subordinate statutes to criminal records, investigation reports (verification of the records of sound driving, and attachment of summary orders);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 Decisions 201Do139, Jan. 1, 201>

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

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

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