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(영문) 부산지방법원 서부지원 2017.06.27 2017고단389

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2007, the Defendant was sentenced to a summary order of KRW 500,000 to a fine for a violation of the Road Traffic Act at the Busan District Court on August 21, 2007; on August 1, 2016, the same court issued a summary order of KRW 600,000 to a fine for the same crime; on April 21, 2017, the Defendant was sentenced to a suspended sentence of one year for six months for imprisonment with labor for a violation of the Road Traffic Act (driving) and the said judgment became final and conclusive on the 29th of the same month.

On March 13, 2017, the Defendant driven a vehicle B with alcohol content of 0.157% in blood without obtaining a driver's license of a motor vehicle on March 13, 2017, while driving a vehicle B with approximately 50 meters in the direction from the vicinity of the Seo-gu Busan Metropolitan City to the direction of the sexual dust in the same Gu and Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

1. The Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a fine twice due to the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that he/she committed the instant crime without being aware of the fact that he/she was in the process of trial due to drinking and driving without a license, and that the amount of alcohol concentration in blood is high is disadvantageous to the Defendant.

However, the defendant recognized the crime of this case and did not repeat the crime, and the crime of this case is one of the concurrent crimes after Article 37 of the Criminal Act, such as the violation of the Road Traffic Act (drinking) on which the judgment becomes final and conclusive.