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(영문) 부산지방법원 동부지원 2015.03.25 2014고단1305

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 26, 2012, the defendant was sentenced to a suspended sentence of 4 months of imprisonment for a violation of the Road Traffic Act (driving) in the Busan District Court's branch branch court, and on October 26, 2009, the defendant was sentenced to a fine of 1,50,000 won for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court.

1. On October 7, 2013, the Defendant was under the influence of alcohol twice or more but driven a vehicle at approximately 500 meters from the roadside-ri, the head of the Busan Military Department, starting from the roadside-ri, the head of the Busan Military Department, and driving the vehicle at approximately 500 meters from the Gu-ri, the head of the Eup/Myeon-ri, the head of the Eup/Myeon of which is located in the same Eup/Myeon-ri.

2. The Defendant driven the said vehicle at the same time and place without obtaining a driver’s license.

3. The Defendant, at the same time and at the same time, was controlled by drinking driving in the Gu-U.S., the head of Busan-gun, the head of Busan-gun, the head of the Si/Gun, and the head of the Si/Gun, the head of the Si/Gun, and the head of the Si/Gun, the head of the Si/Gun, and the head of the Si/Gun, and the head of the Si/Gun, without authority, specified the “E” in the driver’s name column for the situation report, and submitted the falsified driver’s

Summary of Evidence

1. Each legal statement of witness D and F;

1. The police statement concerning G;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;