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(영문) 부산지방법원 동부지원 2020.05.08 2020고단29

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and two 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

On November 30, 2007, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, and KRW 2 million as a fine for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's District Court's District on October 18, 201.

On December 16, 2019, at around 06:35, the Defendant driven a frodi vehicle at a level of about 100 meters from a 100-meter section of “E” at the front of a restaurant located in Suwon-gu, Busan, under the influence of alcohol by 0.163% without a driver’s license.

Accordingly, the defendant was driving a motor vehicle without a driver's license in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry records, and application of each statute of the judgment;

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

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

1. Selection of imprisonment with prison labor chosen;

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 Code of the Order of Education and the Order of Community Service was that the Defendant had been punished twice due to drinking driving, but was engaged in drinking driving at the same time, and there was no driver's license.

Considering the criminal records and the risk of drunk driving, etc. of the defendant, it is necessary to punish the defendant strictly. However, the defendant has no record of a crime exceeding the fine, and there is an intention to recognize and reflect the error, and all the sentencing conditions that are shown in the records and arguments, such as the defendant's age, character and behavior, family relationship, and circumstances before and after the crime.