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(영문) 부산지방법원 2016.10.19 2016고단5017

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, 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

On July 20, 2006, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Busan District Court, and on March 21, 201, the same court received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving), and on August 5, 2015, the same court received a summary order of KRW 5 million as a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving).

On August 18, 2016, the Defendant driven B car at a distance of about 500 meters from the front day of the macroinary market located in the Busan Sotic Zone 0.113% of alcohol concentration without obtaining a driver's license on August 23, 2016 to the front day of the Sotic Zone Dominian in the same Dong.

Accordingly, the defendant violated the prohibition of drinking driving twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the fact that the mistake is divided in depth);

1. Article 62-2 of the Criminal Act to provide community service;