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(영문) 부산지방법원 서부지원 2018.06.12 2018고단181

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

[criminal history] On August 17, 201, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on August 17, 201, and a fine of one million and five hundred thousand won for the same crime at the same court on October 26, 2016.

[2] On December 23, 2017, the Defendant driven a coo vehicle in B under the influence of alcohol concentration of about 0.064% without obtaining a driver’s license from the front of the Busan Electronic Industrial High School located in the Busan East-dong, Busan, to the front of the 2km-dong, Busan, and without obtaining a driver’s license from around 2km-dong from the front of the Busan Electronic Industrial High School to the front of the 2km-dong, Busan.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: A written inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions of the disposition, reporting on investigation (a copy of the previous summary order, etc. attached thereto), a copy of summary order, and a copy of the indictment under the statutes shall apply;

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. Selection of imprisonment with prison labor chosen;

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 reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has already been punished by a fine due to drinking driving two times, and that he has already been punished by a fine due to driving without a license, and that he has driven under the influence of drinking without a driver’s license is disadvantageous to the defendant.

However, the circumstances favorable to the defendant, such as the confession of the defendant to commit a crime and the fact that his/her mistake is divided, and the age, sex, environment, and crime are committed.