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(영문) 부산지방법원 동부지원 2016.06.08 2016고단363
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (non-licensed driving) at the Busan District Court's Dong Branch on March 3, 2014; on December 3, 2015, a fine of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Dong Branch on December 3, 2015; on February 12, 2016, the Defendant requested a summary order of KRW 6 million for a crime of violating the Road Traffic Act (driving) at the Busan District Court's Dong Branch.

On March 26, 2016, around 19:25, the Defendant driven a coo vehicle in B under the influence of alcohol content of 0.119% while under the influence of alcohol content, without obtaining a driver’s license from the front side of the lock village to the front side of the same cU convenience store located in the same cU convenience.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to report criminal investigations (Attachment to the records of the same criminal records as the suspect);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Opinion of the Prosecutor] 10 months of imprisonment with prison labor for a term of two years of suspension of execution, protection observation, the age of the accused, sexual conduct, intelligence and environment of the accused, relationship to the victim, motive, means and consequence of the crime, circumstances after the crime, etc.

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