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(영문) 부산지방법원 동부지원 2013.09.10 2013고단2256
도로교통법위반(무면허운전)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 February 16, 201, the Defendant received a summary order of KRW 3 million from the Busan District Court on February 16, 201, and a fine of KRW 6 million from the Busan District Court's Dong Branch on June 14, 2011, and each of the above summary orders became final and conclusive.

On June 17, 2013, at around 23:07, the Defendant driven C-low-income vehicle under the influence of alcohol with about 0.143% of blood alcohol concentration from a section of about 200 meters from the front of the public post office located in the Simdong, Busan, to the 61-Gao-ro 32-ro, Suwon-gu, Busan, without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previouss: The application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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 chosen;

1. Discretionary mitigation of factors prescribed in Articles 53 and 55 (1) 3 of the Criminal Act ( considered the fact that a person drives a short distance for the purpose of parking mobile vehicles, the fact that a person reflects it, etc.);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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