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(영문) 부산지방법원 2018.07.18 2018고단1680

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

1. On April 25, 2016, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act (drinking) at the Busan District Court on the grounds of a violation of the Road Traffic Act. On January 13, 2017, the Defendant was sentenced to a suspended sentence of 10 months for the same crime in the same court, etc., and the judgment became final and conclusive on January 21, 2017.

2. On March 24, 2018, the Defendant driving a CSP car under the influence of about 0.081% of alcohol during blood without obtaining a driver’s license on March 24, 2018, and driving the CSP car under the influence of approximately 0.081% of alcohol during blood, and driving the CSP car at approximately 3 km from the front of the “Aravian’s age club” located in No. 164-gil 26, Busan World Cup as the World Cup-ro 164, to the front of the “Aravian’s hotel” located in the same half-ro 40 (YI-dong) of the same Gu.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Statement of the circumstances of the driver at home;

(c) The driver's license ledger;

2. The records of the offense;

(a) a response to inquiries;

B. Application of the Act on Investigation Report by Prosecution (the period during which the defendant was suspended)

1. Relevant legal provisions concerning criminal facts;

(a) Driving alcohol: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).

3. Reasons for sentencing selective punishment of imprisonment with prison labor;

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than one year and six months;

2. The sentencing criteria are not set for each of the crimes in this case, for which the sentencing criteria are not set.

In this case, the defendant is driving a vehicle under the influence of alcohol level of 0.081% without a driver's license without a driver's license, and the nature and circumstances of the crime are not good, and the drinking value is also reasonable.

Such crimes are highly harmful to society, such as increasing the risk of traffic accidents.

In fact, the Defendant violated the traffic security at the time of the instant case.