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(영문) 부산지방법원 2014.12.19 2014고단7797
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

On August 21, 2009, the Defendant was sentenced to a summary order of two million won for a crime of violation of the Road Traffic Act at the Suwon District Court on August 21, 2009, and on March 20, 2013, the Defendant was sentenced to a fine of five million won or more due to the same crime at the Busan District Court on March 20, 2013.

On September 18, 2014, at around 01:26, the Defendant driven a motor vehicle with a blood alcohol concentration of about 1k without obtaining a driver's license from the Busan East-dong to the front road of the Dobong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Defendant's legal statement;

1. Details of a report on the circumstances of driving on the driving on the driving and revocation of driver license;

1. Application of statutes to inquiries about criminal records, etc.;

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 considering the fact that a person drives a motor vehicle in the state of detention without a previous penal power or license;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Articles 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act;

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

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