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(영문) 부산지방법원 동부지원 2014.07.16 2014고단882
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 11, 2007, the Defendant issued a summary order of a fine of one million won for the crime of violation of the Road Traffic Act in the Busan District Court's Dong Branch, and on May 19, 2009, a fine of two million won for the crime of violation of the Road Traffic Act at the Busan District Court's Busan District Court's Dong Branch, and on December 29, 2010, two or more times of violation of Article 44 (1) of the Road Traffic Act, such as imprisonment for the crime of violation of the Road Traffic Act (driving) at the Busan District Court's Dong Branch, which was sentenced to two or more times of suspension of execution for six or more months. However, on May 17, 2014, the Defendant was driving a vehicle with a gallon of about 6km from the galll village near the Seoul District Court's Dong-gun, Busan District Court's Dong-gun to the time in the same military captain's Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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