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(영문) 부산지방법원 서부지원 2018.04.11 2017고단1949

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 December 20, 2007, the Defendant issued, at the Busan District Court, a summary order of fines of two million won for a crime of violating the Traffic Act at the Busan District Court, on December 7, 201, a summary order of fine of three million won for the same crime at the same court on December 7, 201, and on October 19, 201, a summary order of three million won for the same crime at the Busan District Court Seo branch branch office.

Despite the fact that the Defendant had been punished twice or more for a crime of violating the Road Traffic Act (drinking) as above, the Defendant driven B Ethmp car at a distance of about 50 meters from the end of the Dobong-gu, Busan, which was under the influence of 0.235% of alcohol during blood, without obtaining a driver’s license on November 17, 2017, at around 23:50 on November 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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

1. A previous conviction in judgment: Application of three copies of a reply to inquiries, such as criminal history, investigation report (the previous confirmation of the previous personal history), and summary order;

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 under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend a lecture is that the crime of this case was driven under a license without permission, and the nature of the crime is not good, the crime of this case is considerably high, and the defendant has several criminal records of fines for the same kind, and the defendant recognized the crime of this case, and has a record of criminal punishment exceeding a fine for the same kind of crime.