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(영문) 부산지방법원 동부지원 2014.06.25 2014고단813
도로교통법위반(음주운전)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 October 6, 2008, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on April 14, 2010, the same court was sentenced to a suspended sentence of KRW 2 times or more due to the crime of violation of the Road Traffic Act. However, on April 28, 2014, the Defendant operated a Bropi vehicle under the influence of alcohol level of KRW 0.178% under the influence of alcohol level without obtaining a driver's license from the front apartment located in the Busan High Court's Busan High Court's Dong Branch to the Madong-dong High School located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. Previous convictions: In inquiry report, Busan District Court Branch Decision 2008 High Court Decision 2008 High Court Decision 16459, Summary Order, Busan District Court Decision 2010 High Court Decision 304 High Court Decision 2010 High Court Decision and Application

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. Considering the fact that the defendant again committed the instant crime even though he/she had a previous conviction in several times of sentencing under Article 62-2 of the Social Service Order Criminal Act, strict punishment against the defendant is required.

However, this case's age, character and behavior, environment, motive, means and consequence of the crime, etc. are the defendant's mistake, the defendant has no previous convictions, the defendant is sentenced to community service order together with the suspended sentence of imprisonment, and the defendant's age, character and character, environment, motive, means and result of the crime, etc.

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