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(영문) 부산지방법원 2020.12.21 2020고단4331

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On October 28, 2020, the Defendant received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act at the Busan District Court on October 28, 2020.

【Criminal Facts】

1. Around 23:00 on October 11, 2020, the Defendant driven a vehicle from the front road in the Geum-gu, Busan, through the road in front of the "F" located in the Busan, Dongdong-gu, Busan, through the road in front of the "H" located in the G in the Geum-gu, Busan, without obtaining a driver's license, at approximately 10km section from the 10km section to the front road of the "H" located in the Geum-gu, Busan.

2. On October 12, 2020, the Defendant driven the above Awd vehicle under the influence of alcohol content of 0.191% while under the influence of alcohol, without obtaining a driver’s license from the front road of the above H “H” from around 02:38 to the front road of the Geum-gu, Busan at about 50 meters.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the degree of blood alcohol content, odometer, previous offense, and other punishment as ordered shall be determined in consideration of the Defendant’s age, character and conduct, environment, and circumstances after the offense in this case;