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(영문) 부산지방법원 동부지원 2016.11.24 2016고단1908
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 4, 2012, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the Busan District Court's Dong branch branch court (hereinafter referred to as the "Monju") and KRW 6 million for the same crime in the same court on April 28, 2016.

Criminal facts

On August 10, 2016, at around 06:00, the Defendant driven a Clearning car under the influence of alcohol concentration of about 0.063% without a driver’s license on a section of about 1km from the road front of the Busan District Department Budio to the front road of the plane captain station located in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. A driver's license inquiry;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (report on confirmation of the same kind of power) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and to attend a compliance driving lecture is that the defendant committed the crime of this case again even though there are many criminal records of the same kind. However, the defendant's confessions that the defendant does not repeat again, and the defendant's confessions that the defendant would not repeat again, taking into account all the normal materials revealed in the trial process, such as the circumstances leading to the driving of this case, the defendant's age, occupation

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