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(영문) 부산지방법원 2014.06.16 2014고단2808

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

【Criminal Power】 On November 20, 2013, the Defendant received a summary order of a fine of three million won or more for a violation of the Road Traffic Act at the Busan District Court, and on March 19, 2014, issued a summary order of a fine of five million won or more for the same crime at the same court.

【Criminal Facts of Crimes】 On April 4, 2014, around 00:40, the Defendant driven BG car under the influence of alcohol content of 0.116% without obtaining a driver’s license, at a section of about 10km from around the new subway Station located in Bupyeong-gu, Busan to the present graduate school located in the Shodong-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Criminal records, previous records, results of confirmation, and application of Acts and subordinate statutes concerning drinking and criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, the selection of imprisonment for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are against the defendant, the defendant has no criminal records other than fines twice, and the defendant has no other criminal records, and the defendant's age, character and conduct, and environment are determined by taking into account the various conditions of sentencing as shown in the arguments in the instant case.