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(영문) 부산지방법원 2016.06.01 2016고단1770
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2007, the Defendant issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act at the Busan District Court on February 22, 2008, a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) at the same court on February 22, 2008, and a fine of KRW 5 million as a crime of violating the Road Traffic Act (drinking) at the same court on July 22, 2014.

On March 27, 2016, at around 04:55, the Defendant operated a cryp 125CC engine bicycle in a state of alcohol alcohol concentration of approximately 0.235% while under the influence of alcohol while under the influence of 0.235%, without obtaining a motor bicycle license from the front day of Taeyang-gu, Taeyang-gu, Busan, Busan, to the front day of the GS convenience store in the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road 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. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that there is no previous conviction of suspension of qualifications or more, and the fact that the offense is recognized and the mistake is repented in depth);

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