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(영문) 부산지방법원 2013.09.10 2013고단3089
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 May 4, 2009, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Busan District Court and KRW 2 million for the same crime at the same court on March 22, 2012.

On February 24, 2013, at around 23:15, the Defendant driven a Cknife vehicle under the influence of alcohol concentration of about 100 meters from the public parking lot of the East subway Station located in the Seocho-gu Busan Metropolitan City to the roads of the block apartment in the same Dong, without a driver's license, at approximately 100 meters from the public parking lot of the same subway station to the roads of the block apartment in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs);

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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