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(영문) 부산지방법원 2014.05.02 2014고단996

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 15, 2013, the Defendant was sentenced to a suspended sentence of 6 months for the crimes of violation of the Road Traffic Act at the Busan District Court on the 23th of the same month, and the said judgment became final and conclusive on the 23th of the same month, and is currently under the suspended sentence period. On December 18, 2012, the same court received a summary order of 7 million won or more for the same crimes, etc.

On January 20, 2014, the Defendant, without obtaining a driver’s license, driven C Launa car on the front side of the Jung-gu Elementary School located in Busan Ho-dong, with a blood alcohol content of at least 0.163% and at least 0.163%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification of the date of confirmation and attachment of judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Articles 44 (1), 152 (1), and 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, taking into account the selective punishment records;

1. The Defendant committed the instant crime during the period of suspended execution due to the same type of crime under Articles 53 and 55(1)3 (compact mitigation) of the Criminal Act.

The value of blood alcohol concentration is also high.

However, the term of punishment was set as above in consideration of the fact that it is the most important to raise young children.