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(영문) 부산지방법원 2014.01.22 2013고단7587
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

"2013 Highest 7587"

1. On October 26, 2006, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and on May 3, 2007, a fine of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, etc. at the same court on May 3, 2007, and on April 30, 2008, the Defendant violated Article 44(1) of the Road Traffic Act after having been sentenced to imprisonment for 6 months or more as a crime of violation of the Road Traffic Act (driving) by the same court on April 30, 208.

On September 27, 2013, at around 23:30, the Defendant driven a Dunstmp vehicle under the influence of alcohol concentration of about 1 0.121% from the 1km section to the front of the dong department store located in the same Dong-dong, Sungwon-si, Busan-si.

"2013 Highest 9256"

2. On December 11, 2013, the Defendant: (a) around 21:20 on the packing horse in the Busan Yan-gu, Busan Yandong-gu, Mabropo-gu, Mabro and 71 years of age; (b) Mabling the victim F (ma) and drinking; (c) came to fit with her cream with the victim, which was a dangerous thing breading the victim, and went to the end of the dispute; and (d) Mabro, the Defendant laid down the ma, which was caused by fraud,

Summary of Evidence

(Fact 1, 2013 Highest 7587)

1. Defendant's legal statement;

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

1. A report on the actual state of the driver;

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

1. Investigation report (Attachment, etc. to the list, etc. of related cases) (Fact 2 at the time of printing, Fact 2 at the time of height 9256);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police investigation protocol concerning F;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the crime, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Suspension of execution;

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