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(영문) 부산지방법원 2016.11.25 2016고단3862

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 27, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act by the Busan District Court on April 27, 2011. On November 10, 2015, the Defendant was sentenced to a fine of seven million won for the same crime by the same court.

【Criminal Facts】

On June 23, 2016, at around 01:35, the Defendant, without a car driver’s license, driven a BM car at a section of approximately 800 meters from the Do near the Nitter International Hotel located in the Nitter-dong of Changwon-si to the event distance in the same location, while under the influence of alcohol by 0.182% of the blood alcohol concentration without a car driver’s license.

around 18:20 on August 2, 2016, the Defendant driven BMW car at the entrance of the Putera apartment located in the Guhae-dong without a car driver's license from around 25km to the entrance of the Gutera-dong located in the Gudong, Busan-gu.

Summary of Evidence

"2016 Highest 3862"

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiry reports and investigation reports (Attachment to the same type of force): "2016 high-end 5440";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a driver's license;

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; and

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act by June 23, 2016 and a violation of the Road Traffic Act by no license), and the punishment imposed on a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [within the extent that punishment for the violation of the Road Traffic Act and the violation of the Road Traffic Act as of August 22, 2016 are added to the crimes of violation of the same Act (driving without a license) and the punishment for the violation of the Road Traffic Act as of August 22, 2016] 1.