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(영문) 부산지방법원 2016.09.22 2016고단3664
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On September 14, 2010, the Defendant, at the Busan District Court, received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4.5 million for the same crime at the same court on August 27, 2015, respectively, on two or more occasions.

On June 4, 2016, at around 09:35, the Defendant driven B SP car under the influence of alcohol concentration of about 0.188% without obtaining a driver’s license from around 09:46 on the road before the bones bed of the bones of the Tong-gu, Busan, Seoul, to around 09:46 on the same day, while driving the B SP car under the influence of alcohol concentration of about 0.18%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of drivers working at the State and inquiry of driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of a copy of a summary order), and summary order under two Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Consideration, such as the fact that no sentence of imprisonment without prison labor or heavier punishment has been imposed for the reason of sentencing, Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and the fact that an order to provide community service and attend

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