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(영문) 부산지방법원 동부지원 2014.09.03 2014고단1133
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 August 14, 2013, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, etc. at the Busan District Court's Dong Branch, and on May 18, 2007, the same court issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act. On February 21, 2007, the Busan District Court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act.

The Defendant, as seen above, driven a bppon car at the 1km section from the Do in front of the Happiness House, where it is impossible to identify the name located in the Busan Shipping Daegu Do under the influence of 0.150% of alcohol level, without obtaining a driver’s license on June 27, 2014, even though the Defendant had twice or more electric power of driving under the influence of alcohol level. The Defendant driven a bpon car at the 1km section from the Do in front of the Happon Elementary School located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of investigation reports (a copy of the judgment of the same kind of power attached) and other Acts and subordinate statutes;

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. 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 committed the instant crime even though he/she had a previous conviction in several times, strict punishment against the defendant is needed for the reason of sentencing under Article 62-2 of the Criminal Act.

However, the defendant's mistake is often divided, the defendant is not guilty, the defendant is not guilty, the order to attend a course and the community service order is also sentenced together with the suspended sentence of imprisonment, and the defendant's age, character and behavior and environment, the motive, means and result of the crime.

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