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(영문) 부산지방법원 동부지원 2016.10.19 2016고단933
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 28, 2015, the Defendant, including the Defendant’s previous criminal records, was issued a summary order of a fine of KRW 4 million at the Busan District Court on the grounds of a violation of the Road Traffic Act, etc., and the other same criminal records are more than once.

2. Crimes by defendants;

A. On June 3, 2016, the Defendant, without a driver’s license, driven a car with approximately KRW 19 kilometers from the first parking lot of the Mandong-dong, Mandong-dong, Busan, to the front line near the Yandong-dong, Busan, Busan, through the Kandong-dong, Mandong-dong, Busan, without a driver’s license, on June 3, 2016.

B. On June 4, 2016, the Defendant, without a driver’s license, driven a Chive-p motor vehicle under the influence of alcohol concentration of about 20 meters from the start on June 4, 2016, around 00:19, at the vicinity of the Chive-dong Park, Busan, to the frontway in the same Dong from the start on June 4, 2016, while under the influence of alcohol concentration of 0.07%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

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

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense, the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

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