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(영문) 부산지방법원 동부지원 2020.02.05 2019고단2170

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 16, 2018, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act in the Busan District Court's Dong Branch, etc. on the 24th of the same month. On March 17, 2009, the court issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the same district court's Busan District Court's District Court's Busan District Court's Busan District Court's District Court's summary order of KRW 2 million for the same crime, and on March 17, 2015, issued a summary order of KRW 7 million for a fine of KRW 7 million for the same crime at the Busan District Court's Busan District Court's District Court's same offense.

As above, the Defendant, who violated the regulations on the prohibition of drunk driving twice or more, was under the influence of alcohol with 0.15% of alcohol level without a driver’s license, and was driving C.T. Pursuant to around 22:15 October 10, 2019, at around about 5km from the Jeju Military Hospital near the Seodong Hospital in Busan to the frontway of the building Southern-gu B in Busan.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, inquiry reports (verification of the identity of a suspect, attachment of a written judgment, and facts during the period of postponement of execution) and statutes;

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. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was engaged in driving under the influence of alcohol at least four times before and after the last ten years; (b) the Defendant was engaged in driving under the influence of alcohol without being aware of the fact that he was under the suspension of the execution due to drunk driving; and (c) the blood alcohol concentration level relatively high.

However, the fact that the defendant has many reflects after the crime of this case and eradicates drinking driving.